Legal Opinion

Burditt Bros. v. Porter

Supreme Court of Vermont

Decided January 15, 1891PublishedCited by 7 opinions

Exceptions from tlie Rutland Municipal Court, Butler, J. Tlie action was assumpsit against tlie principal defendant and the town of Rutland, trustee. H. A. Edson and E- Dana entered as claimants. Trial by court. Judgment for the plaintiff as against the principal defendant. As to the trustee, judgment that the funds belong to the claimants, and that the trustee be discharged. To the action of the court in discharging the trustee the plaintiff excepts.

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Exceptions from tlie Rutland Municipal Court, Butler, J. Tlie action was assumpsit against tlie principal defendant and the town of Rutland, trustee. H. A. Edson and E- Dana entered as claimants. Trial by court. Judgment for the plaintiff as against the principal defendant. As to the trustee, judgment that the funds belong to the claimants, and that the trustee be discharged. To the action of the court in discharging the trustee the plaintiff excepts. The case appears in the opinion. The defendant could not divide the assignment of his claim against the town. Carter v. Nichols, 58 Vt. 553.…

1Opinion of the Court

The opinion of the court was delivered by

TYLER, J.

The defendant was in the employ of the town of Rutland, trustee, assisting its listers. On the 8th day of April, 1890, for a sufficient consideration he executed and delivered to the claimant, Edson, an assignment of all his wages then due and that should thereafter become dire while engaged in such service. April 17th the listers gave the defendant an order on the selectmen for twenty-five dollars on account of his work, which, on or aboxxt the day of its date, he endorsed over and delivered to the claimaxxt Dana, with the knowledge of…

2Cases cited7 opinions

  1. Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
  2. National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
  3. Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
  4. Porter v. Bank of RutlandSupreme Court of Vermont · 1847
  5. Carter v. NicholsSupreme Court of Vermont · 1886

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3Cited by7 opinions

  1. Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
  2. Carwile, Rec'r v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1926
  3. Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
  4. Carwile, Rec'r v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1926
  5. City of Aberdeen v. Bank of AmoryMississippi Supreme Court · 1941

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