Newell v. Hiram Ferris & Champlain Transportation Co.
Supreme Court of Vermont
Trustee Process. The trustees disclosed that, at the time of the service of the trustee process upon them, they were indebted to the principal debtor in a balance of $28.15, for labor performed for them before that time by the principal debtor, and that, at the time of disclosure, they were also indebted to him for one month’s labor performed by him after the service of the trustee process, amounting to $62.25. The court held the trustees chargeable for both said sums, and…
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Trustee Process. The trustees disclosed that, at the time of the service of the trustee process upon them, they were indebted to the principal debtor in a balance of $28.15, for labor performed for them before that time by the principal debtor, and that, at the time of disclosure, they were also indebted to him for one month’s labor performed by him after the service of the trustee process, amounting to $62.25. The court held the trustees chargeable for both said sums, and the trustees excepted. 1. If it be taken that the principal debtor, at the time of the service of the trustee process,…
1Opinion of the Court
The opinion of the court was delivered by
Redpield, J.
Under our statute of foreign attachment, passed in 1797, and the several subsequent- additions and alterations, as well as the present revised statutes, the liability of the person summoned as trustee is determined according to the state of facts at the time of trial; so that funds coming into the trustee’s hands after the service of the writ are held, equally with those coming into his hands before that time. It is true, that, by construction of the statute of 1797, and by express enactment of the present revised statutes, claims in their…
2Cited by3 opinions
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
- Island Pond National Bank v. ChaseSupreme Court of Vermont · 1928
- Northfield Trust Co. v. CuttingSupreme Court of Vermont · 1921