Legal Opinion

Lamoille Valley R. R. v. Bixby

Supreme Court of Vermont

Decided October 15, 1882PublishedCited by 1 opinion

Bill in Chancery. Heard on bill, answer and testimony, December Term, 1877, Ross, Chancellor, Caledonia County. Decree pro forma for the orators.

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Bill in Chancery. Heard on bill, answer and testimony, December Term, 1877, Ross, Chancellor, Caledonia County. Decree pro forma for the orators. The bill alleged as to the partnership indebtedness : “ Your orators further show that prior to the building of either of said roads, to wit: on the day of a joint or partnership arrangement was entered into by the said three corporations to build and equip and run their several roads under one management, and to raise money for that purpose upon their joint credit, and by joint mortgages of their several roads and property, and each of said…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This bill is founded upon the claim of the superior rights of the creditors of a partnership in its property to the individual creditors of one member of the firm.

The bill alleges that the line of railroads now known as the “ St. Johnsbury and Lake Champlain Railroad,” consisted of three corporations, viz., the two made orators in this bill, and the Montpelier and St. Johnsbury Railroad Company ; that while operated by the three roads jointly under a written contract, the defendant Bixby recovered judgment for a personal injury against the…

2Cases cited3 opinions

  1. Bardwell v. PerrySupreme Court of Vermont · 1847
  2. Brewster v. HammetSupreme Court of Connecticut · 1823
  3. Reed v. ShepardsonSupreme Court of Vermont · 1829

3Cited by1 opinion

  1. Westinghouse Electric Mfg. Co. v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1924

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