J. W. Ellis & Co. v. Goodnow
Supreme Court of Vermont
Trustee Process. The commissioner appointed to take the disclosure reported as follows, viz : “ That in the fall of 1868 the principal debtor was required to furnish bail in the sum of $150. for his appearance to the Washing-, ton county court to answer to the crime of procuring enlistments of soldiers in Vermont for the United States army contrary to the statutes of Vermont, and that he applied to the trustee and requested him to become his bail, and that said principal…
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Trustee Process. The commissioner appointed to take the disclosure reported as follows, viz : “ That in the fall of 1868 the principal debtor was required to furnish bail in the sum of $150. for his appearance to the Washing-, ton county court to answer to the crime of procuring enlistments of soldiers in Vermont for the United States army contrary to the statutes of Vermont, and that he applied to the trustee and requested him to become his bail, and that said principal debtor put into the trustee’s hands the sum of ninety-five dollars, as stated in the trustee’s disclosure, and, thereupon,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The point put by counsel for the trustee, as the only question that can be of any moment, seems to us to be well stated by him, viz: “ Was the ninety-five dollars in the hands of the trustee depending on a contingency, within the meaning of the Gth section of chapter 34 of the General Statutes?” If it was, then this process cannot be maintained against him. If it was not, then it is virtually conceded that the judgment of the county court is right. The first division of said 6th section is in the nature of a provisional exception to the 2d…
2Cases cited2 opinions
- Hurlburt v. HicksSupreme Court of Vermont · 1845
- Downer v. CurtisSupreme Court of Vermont · 1853
3Cited by3 opinions
- First Wisconsin Mortgage Trust v. Wyman's, Inc.Supreme Court of Vermont · 1981
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- Bank of Centerville v. GelhausSouth Dakota Supreme Court · 1932