Harding v. Harding
Supreme Court of Vermont
Trustee Process, in assumpsit, upon a promissory note dated the first day of September, 1851, for the sum of $215,00 payable on demand, with interest, to the plaintiff, and signed by the defendant, Lorenzo H. Harding. After the service of the said writ upon the defendant and trustees, the said John A. Child commenced a suit against the defendant, and summoned the same trustees, and also attached other property, 'attached in this action.
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Trustee Process, in assumpsit, upon a promissory note dated the first day of September, 1851, for the sum of $215,00 payable on demand, with interest, to the plaintiff, and signed by the defendant, Lorenzo H. Harding. After the service of the said writ upon the defendant and trustees, the said John A. Child commenced a suit against the defendant, and summoned the same trustees, and also attached other property, 'attached in this action. The trustees disclosed that they were indebted to the defendant. The said Child, by leave of the court, entered in this suit, to ■defend, as subsequent…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The plaintiff has brought this action on a note executed by the defendant Harding, upon which property was attached, and other defendants summoned as trustees. To this suit, the defendant, Harding, has made no appearance or defence.
A defence, however, is interposed by John A. Child, who subsequently commenced a suit against the defendant, and attached the same property, and summoned the same trustees; so that if he can be permitted to make this defence, and the same should be considered sufficient, the property attached will be held solely for…
2Cited by2 opinions
- Fletcher v. BennettSupreme Court of Vermont · 1864
- Wallace v. BerrySupreme Court of Vermont · 1879