Legal Opinion

Smith v. Stratton

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 5 opinions

Trustee process. Heard oil commissioner’s report, March Term, 1883, Washington County, Redfjeld, J., presiding. Trustees adjudged liable.

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Trustee process. Heard oil commissioner’s report, March Term, 1883, Washington County, Redfjeld, J., presiding. Trustees adjudged liable. It appeared that two suits, prior to this one, had been brought against this defendant and these trustees, — one in favor of R. R. Higgins & Co., and the other in favor of Buchanan, Johnson & Co.; that the two suits were entered in court; that the suit of Higgins & Co. was settled without a commissioner, but that a commissioner was appointed, and made a report, in Buchanan, Johnson & Co.’s suit;, and that lie allowed the trustees more costs in Higgins &…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

The statute provides — R. L. s. 1138 — that judgment against a person as trustee shall discharge him from demands by the defendant, his executors or administrators, for goods, effects, and credits paid, delivered, or accounted for by the trustee by force of such judgment.

Let us first inquire whether or not the judgment against these trustees in Buchanan, Johnson & Co.’s suit, and the payment made by them by force thereof, discharged them from the defendant as to the subject-matter of said judgment.

As far as the trustees were concerned, the pn…

2Cases cited1 opinion

  1. Kettle v. HarveySupreme Court of Vermont · 1849

3Cited by5 opinions

  1. Sherburne Corporation v. CarterSupreme Court of Vermont · 1975
  2. Husted v. StoneSupreme Court of Vermont · 1896
  3. Baldwin v. PercivalSupreme Court of Vermont · 1914
  4. In re ShulerDistrict Court, D. Vermont · 1991
  5. Royal Bank of Canada v. GirardSupreme Court of Vermont · 1927

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