Goddard v. Hapgood
Supreme Court of Vermont
Trustee Process. The County Court, May Term, 1851,— Pierpoint, J., presiding, — found the facts set forth in the disclosures of Collins & Holden and Slack & Marsh, to be true. (The principal defendant having made an. assignment to Collins & Holden, and he, with one Carlisle, having made an assignment of the effects of the firm of Hapgood & Carlisle to said Slack & Marsh.
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Trustee Process. The County Court, May Term, 1851,— Pierpoint, J., presiding, — found the facts set forth in the disclosures of Collins & Holden and Slack & Marsh, to be true. (The principal defendant having made an. assignment to Collins & Holden, and he, with one Carlisle, having made an assignment of the effects of the firm of Hapgood & Carlisle to said Slack & Marsh. The defects for which the assignments were held void, sufficiently appear in the opinion of the court.) That the assignment to Collins & Holden, and to Slack & Marsh, set forth in the disclosures, were in fact executed and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
It is said, in some of the cases upon this subject, that Chancery cannot interfere to compel the trustee to make a distribution of the funds in his hands, contrary to the express terms of the deed, but that when there is a fair opportunity to introduce' construction, that court will compel a distribution to all the residue of creditors, not expressly provided for, if by the terms of the deed they are not expressly excluded. 1 Am. Leading Cases, 100, referring to the decisions in South C.
But after the most patient examination, which I…
2Cases cited1 opinion
- Dana v. LullSupreme Court of Vermont · 1845
3Cited by6 opinions
- Therasson v. HickokSupreme Court of Vermont · 1865
- M. Noyes & Co. v. HickokSupreme Court of Vermont · 1854
- Claflin v. LandeckerMissouri Court of Appeals · 1885
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- Clapp v. RogersSupreme Court of New Hampshire · 1859
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