Seymour v. Cooper
Supreme Court of Vermont
Trustee Process. A judgment in this case was rendered against the principal debtor, and the case as between the plaintiff and trustee, was referred to a referee, who reported subtantially the following facts: That the writ in this case was served on the trustee, on the 25th day of June, A. D. 1844, and that on said 25th day of June, said trustee did not have any goods, chattels, &c., of the principal debt or in his hands, and was not at that time trustee of said Cooper.
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Trustee Process. A judgment in this case was rendered against the principal debtor, and the case as between the plaintiff and trustee, was referred to a referee, who reported subtantially the following facts: That the writ in this case was served on the trustee, on the 25th day of June, A. D. 1844, and that on said 25th day of June, said trustee did not have any goods, chattels, &c., of the principal debt or in his hands, and was not at that time trustee of said Cooper. That on the sixth day of July, 1844, the said Cooper conveyed to said trustee some real estate, as appears by a deed from…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
A judgment in this case,' having been rendered against the principal debtor, the question now arises upon the liability of the trustee. The process was served upon the trustee on the 25th day of June, 1844, and from the disclosure it appears that at that time there were no goods, chattels, or estate in his hands, belonging to the principal debtor. If a disclosure had been made at that time, the trustee would have been entitled to a discharge.
We learn from the report, however, that after the service of this writ, and before his disclosure, the…
2Cases cited4 opinions
- Camp v. ScottSupreme Court of Vermont · 1842
- Hurlburt v. HicksSupreme Court of Vermont · 1845
- Russell v. FillmoreSupreme Court of Vermont · 1843
- Spring v. AyerSupreme Court of Vermont · 1851
3Cited by3 opinions
- Island Pond National Bank v. ChaseSupreme Court of Vermont · 1928
- Lockett v. BeaverTennessee Supreme Court · 1896
- Northfield Trust Co. v. CuttingSupreme Court of Vermont · 1921