Slayton v. Wells
Supreme Court of Vermont
Assumpsit. Pleas, the general issue and a special plea setting up a discharge in ins’olvency. Trial by court at the December term, 1892, Lamoille county, Taft, J., presiding. Judgment for the defendant. The plaintiff excepts. The opinion states the case. The defendant sustained a fiduciary relation to the plaintiff and the discharge is no bar. Bump Law & Pr. Bnk. 520. The debt was not created in a fiduciary capacity and the discharge is a bar.
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Assumpsit. Pleas, the general issue and a special plea setting up a discharge in ins’olvency. Trial by court at the December term, 1892, Lamoille county, Taft, J., presiding. Judgment for the defendant. The plaintiff excepts. The opinion states the case. The defendant sustained a fiduciary relation to the plaintiff and the discharge is no bar. Bump Law & Pr. Bnk. 520. The debt was not created in a fiduciary capacity and the discharge is a bar. Noble v. Hammond, 129 U. S. 621, and cases cited; Chafman v. Forsyth, 2 How. 302; Neal v. Clark, 95 U. S. 704; Sto. Agency (7th Ed.), 30, 241 and cases…
1Opinion of the CourtStart, J.
The plaintiff consigned goods to the defendant to sell on commission. The defendant was to have all that he could obtain for them above the price charged. The defendant was adjudged an insolvent debtor, and the plaintiff proved his claim against the insolvent’s estate, and received a dividend of forty cents on the dollar. The plaintiff seeks in this action to recover the balance of his claim. The defendant pleads his discharge in insolvency. The plaintiff claims that the defendant was acting in a fiduciary capacity, and that for this reason the discharge is not a bar to this action.
R. L. s.…
2Cases cited3 opinions
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Noble v. HammondSupreme Court of the United States · 1889
- Hammond & Burt v. NobleSupreme Court of Vermont · 1884