Thayer v. Partridge
Supreme Court of Vermont
Trustee process. The commissioner found that the trustee Graham owed the principal defendant at the time of the service of the writ upon him, $56.18 for intoxicating liquors contracted for in the state of New York, where the sale of such liquors was lawful.
Read the full summary
Trustee process. The commissioner found that the trustee Graham owed the principal defendant at the time of the service of the writ upon him, $56.18 for intoxicating liquors contracted for in the state of New York, where the sale of such liquors was lawful. Before the purchase of said liquors, said Graham had purchased liquors of the defendant in this state, in violation of law, and had paid him therefor large sums of money, and he sought to deduct the money so paid, from the indebtedness found by the commissioner ; and that question the commissioner submitted to the court. The trustees…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The questions in this case arise upon the report of the commissioner.
I. Section 52, ch. 34, of the Gen. Sts., provides that every trustee shall be allowed to retain or deduct out of the goods, effects, and credits in his hands, all his demands founded on contract, express or implied, against the principal defendant, and shall be liable for the balance only, after all such demands between him and the principal defendant are adjusted. Section 32, ch. 94, of the Gen. Sts., reads as follows: “ All payments or compensations for liquor sold in…
2Cases cited5 opinions
- Barker v. EstySupreme Court of Vermont · 1847
- Nichols & Bliss v. BellowsSupreme Court of Vermont · 1849
- Baldwin Bros. v. PotterSupreme Court of Vermont · 1874
- Smith v. WileySupreme Court of Vermont · 1868
- Town of Troy v. AikenSupreme Court of Vermont · 1873
3Cited by10 opinions
- Bonnie Sargent v. Columbia Forest Products, Inc.Court of Appeals for the Second Circuit · 1996
- Thayer v. HerdtSupreme Court of Vermont · 1990
- Winney v. Ransom & Hastings, Inc.Supreme Court of Vermont · 1988
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Dunning v. BailySupreme Court of Iowa · 1903
5 more not listed; retrieve them via the Exa API.