Barker v. Esty
Supreme Court of Vermont
Trustee Process. The trustee filed a general disclosure in the county court, December Term, 1844, denying that he had any credits or effects in his hands, belonging to the principal debtors.
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Trustee Process. The trustee filed a general disclosure in the county court, December Term, 1844, denying that he had any credits or effects in his hands, belonging to the principal debtors. The plaintiff then filed interrogatories, inquiring of the trustee whether he had not received from the principal debtors money, as interest above the rate of six six per cent, per annum on money loaned ;— which interrogatories the trustee declined to answer, unless required so to do by the court. The county court, — Bennett, J., presiding, —decided proforma that he must make answer; and thereupon the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first question to be determined in this case is, whether, under the Revised Statutes, the trusted can be held liable. That will depend upon the extension we give to the terms of the statute, — “ Every person, having any goods, effects, or credits, of the principal defendant intrusted or deposited in his hands, or possession, or which shall come into his hands, or possession, after the service of the writ and before disclosure made, may be summoned as trustee.”
It is obvious, that the terms used in this statute have no natural fitness to…
2Cases cited3 opinions
- Hoyt v. SwiftSupreme Court of Vermont · 1841
- Boardman v. RoeMassachusetts Supreme Judicial Court · 1816
- Allen v. ThrallSupreme Court of Vermont · 1838
3Cited by16 opinions
- People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Morse v. TracySupreme Court of Vermont · 1917
- Lamoille County National Bank v. BinghamSupreme Court of Vermont · 1877
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