Chapman v. Mears
Supreme Court of Vermont
Trustee process. Commissioner’s report. Heard. March Term, 1883, Washington County, Redeield, J., presiding. Judgment that the trustee be discharged. The value of the goods turned ■over to the trustee was less than his debt against the principal defendant. The goods so turned out were attached on the writ; and after the attachment, but before a copy had been delivered to the principal def efidant, the trustee’s name was inserted in the writ.
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Trustee process. Commissioner’s report. Heard. March Term, 1883, Washington County, Redeield, J., presiding. Judgment that the trustee be discharged. The value of the goods turned ■over to the trustee was less than his debt against the principal defendant. The goods so turned out were attached on the writ; and after the attachment, but before a copy had been delivered to the principal def efidant, the trustee’s name was inserted in the writ. The other facts are stated in the opinion. cited Oorey v. Powers, 18 Yt. 587. cited Bishop Smith dc Go. v. Catlin, 28 Yt. 71; Woodward v. Wyman and Tr.…
1Opinion of the Court
The opinion of the court was delivered by
Taet, J.
The principal debtor ■ conveyed a stock of goods to the trustee, and in consideration the trustee promised to pay certain demands against the debtor, among them the plaintiff’s. We think this constitutes a credit in the hands of Mark Mears which can be reached by the trustee process. Corey v. Powers, 18 Vt. 587; Woodward v. Wyman, 53 Vt. 645. Before the arrangement Mark had a lien upon the goods as security for his claims against A. W. Mears. By it he became the absolute *390owner; so we think there was an ample consideration for his promise. The…
2Cases cited2 opinions
- Woodward v. WymanSupreme Court of Vermont · 1881
- Corey v. PowersSupreme Court of Vermont · 1846
3Cited by1 opinion
- Wilson v. SauveSupreme Court of Colorado · 1927