Legal Opinion

Marshall v. Morgan

Supreme Court of Vermont

Decided January 15, 1886Published

Assumpsit. Heard by the court, September Term, 1885, Veazey, J., presiding. Judgment for the defendant. Peter Fagan assigned to the plaintiff, for the benefit of his creditors, his attachable property, including choses of action, debts due to said Fagan, &c. The exceptions stated: “In the transfer of the property to the defendant under this contract, the plaintiff turned over all the books and bills as kept by Fagan, as evidence of the debts due him.

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Assumpsit. Heard by the court, September Term, 1885, Veazey, J., presiding. Judgment for the defendant. Peter Fagan assigned to the plaintiff, for the benefit of his creditors, his attachable property, including choses of action, debts due to said Fagan, &c. The exceptions stated: “In the transfer of the property to the defendant under this contract, the plaintiff turned over all the books and bills as kept by Fagan, as evidence of the debts due him. The defendant paid as required by the contract except $187.50, which he neglected to pay on account of having made some small payments in behalf…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

This was an action of general and special assumpsit, brought to recover the balance due on a contract of sale made by the plaintiff as the assignee of Peter Fagan. Pleas of general issue, and a special plea and plea in offset; trial by the court.

In .the sale made by the plaintiff there were included certain book accounts, which the court found had either been paid before the assignment, or were charged by the assignor against a party who was not at the time the charge was made, or when the sale was made, indebted to the assignor. There was…

2Cases cited1 opinion

  1. Kingsley v. Fitts & AverySupreme Court of Vermont · 1883

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