Stevens v. Kirk
Supreme Court of Vermont
Trustee Process. The commissioner appointed to take the disclosures and proofs in this case reported that it was proved that the plaintiff then residing at St. Albans, on the 1st day of November, 1858, sold to the defendant’s son and one Graves, then doing business as merchants at South Troy under the style of Kifk & Graves, a quantity of goods, and received in payment the notes of Kirk & Graves to the amount of $2500., signed by Reuben JGrk as surety of that date.
Read the full summary
Trustee Process. The commissioner appointed to take the disclosures and proofs in this case reported that it was proved that the plaintiff then residing at St. Albans, on the 1st day of November, 1858, sold to the defendant’s son and one Graves, then doing business as merchants at South Troy under the style of Kifk & Graves, a quantity of goods, and received in payment the notes of Kirk & Graves to the amount of $2500., signed by Reuben JGrk as surety of that date. Kirk & Graves failed in business in the summer of 1859, and the goods on hand, including what remained unsold of those purchased…
1Opinion of the CourtPeck, J.
The question in this case is whether the trustees are chargeable.
On an accounting on the basis of the prices agreed upon between the trustees and the principal debtor at the time the trustees received the assets real and personal, the commissioner’s report does not show any balance in the hands of the trustees subject to the trustee process. This is the result after deducting the claim of $318. made by the trustee Robinson for money paid to Mrs. Keith which the commissioner disallows. It is true that exclusive of interest there would be a trifling sum due from the trustee Robinson, but the…
2Cited by4 opinions
- of Doane v. DoaneSupreme Court of Vermont · 1874
- Woodward v. WymanSupreme Court of Vermont · 1881
- National Union Bank v. BrainerdSupreme Court of Vermont · 1893
- Morse v. StevensSupreme Court of Vermont · 1922