Farmers' & Mechanics' Bank v. Drury
Supreme Court of Vermont
Trustee Process. The commissioner found the following facts: On the 28th of March, 1861, the trustee for a sufficient consideration executed and delivered to the defendant two promissory notes of that date, one for seventeen hunnred’dollars, payable on or before March 1st, 1862, and the other for eight hundred dollars, payable on or before September 1st, 1862, both payable to the principal debtor or bearer, which notes had not been paid.
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Trustee Process. The commissioner found the following facts: On the 28th of March, 1861, the trustee for a sufficient consideration executed and delivered to the defendant two promissory notes of that date, one for seventeen hunnred’dollars, payable on or before March 1st, 1862, and the other for eight hundred dollars, payable on or before September 1st, 1862, both payable to the principal debtor or bearer, which notes had not been paid. Some days prior to the execution of these notes, Drury, the defendant, called upon the cashier of the Missisquoi Bank, and, stating that he expected to have…
1Opinion of the Court
Poland, Ch. J.
The report of the commissioner shows that no. notice of the transfer of the trustee’s notes to the claimant, *471by the principal debtor, had been given to the trustee, prior to the service of the trustee process, except by the principal debtor himself, and it does not appear that such notice was given at the request or on behalf of the claimant. Such notice was therefore insufficient to protect the notes in the hands of the claimant against a trustee attachment, as has heretofore been held; Peck v. Walton and Trustee, 25 Vt. 33; Webster v. Moranville and Trustee, 30 Vt. 701.
The…
2Cases cited3 opinions
- Downer v. MarshSupreme Court of Vermont · 1856
- J. & J. H. Peck & Co. v. WaltonSupreme Court of Vermont · 1852
- Webster v. MoranvilleSupreme Court of Vermont · 1858
3Cited by1 opinion
- Parker v. ParkerSupreme Court of Vermont · 1899