Cady v. Sanford
Supreme Court of Vermont
Case tried at the December Term, 1879. Trial by jury, Veazey, J., presiding. The facts are sufficiently stated in the opinion of the court, except the following.
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Case tried at the December Term, 1879. Trial by jury, Veazey, J., presiding. The facts are sufficiently stated in the opinion of the court, except the following. It appeared that said Dooley, before going into bankruptcy, had sued said corporation twice upon said contract, in the Superior Court, in Berkshire County, Massachusetts, on the day of 187 , and on the day of 187 , and had recovered two judgments respectively of $339.46, and of one dollar, damages, which sums the corporation had paid, and which the plaintiffs conceded should properly be deducted from the amount due under the said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiffs are the assignees in bankruptcy of Peter Dooley. As such, as against these defendants, they stand upon the rights of the bankrupt, and are affected by the same defences which would avail the defendants if the suit were brought in the name of the bankrupt. They seek to hold the defendants for what they allege to be debts of the Vermont Lumber and Coal Company, a corporation organized under No. 6 of the Acts of 1870, and of which corporation the defendants were directors in November and December, 1871, when the alleged debts are…
2Cases cited7 opinions
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