Fletcher v. Pillsbury
Supreme Court of Vermont
Trustee Process. The facts in the ease appear sufficiently • in the opinion of the court. The county court, at the June Term, 1861, in Caledonia county, Poland, Ch. J., presiding, decided that the trustee was not chargeable, to which the plaintiffs excepted.
1Opinion of the CourtAldis, J.
The trustee, on .or about the 1st January, 1861, was indebted to the principal defendant in a note for $381.44, payable in about a year thereafter. Being informed that the defendant’s creditors were about to attach it by trustee process, , he paid the note to the defendant in order to avoid being trusteed, and to aid the defendant to place the amount of the note beyond the reach of creditors. Was such payment fraudulent *17and void as being an act “to avoid the right, debt or duty of another,” within the statute. For it is only by treating the payment as void and the money as being by legal…
2Cases cited2 opinions
- Camp v. ScottSupreme Court of Vermont · 1842
- Marsh v. DavisSupreme Court of Vermont · 1852
3Cited by5 opinions
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