Legal Opinion

Downer v. Curtis

Supreme Court of Vermont

Decided September 15, 1853PublishedCited by 6 opinions

Trustee Process. The trustee disclosed in substance, that on or about the 16th day of November, 1850, and in the month of May or June previous, the said Curtis had contracted with the selectmen of Hartford to make about 275 rods of new road, for which he was to receive, when finished, $450; and that he had also made another contract to build a certain other piece of new road, of about 700 rods, with said selectmen, for $2 12-J per rod, which would amount to about $1488, —…

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Trustee Process. The trustee disclosed in substance, that on or about the 16th day of November, 1850, and in the month of May or June previous, the said Curtis had contracted with the selectmen of Hartford to make about 275 rods of new road, for which he was to receive, when finished, $450; and that he had also made another contract to build a certain other piece of new road, of about 700 rods, with said selectmen, for $2 12-J per rod, which would amount to about $1488, — one-third or one-quarter to be paid when one-half or one-third was done, and the balance to be paid when said road should…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This case has been very fully argued, and with great ingenuity, and we have been pressed, to hold that the liability or indebtedness of Burton to the principal debtor, was so far contingent, that it could not be reached by the trustee process.

We would refer to the exceptions^ disclosure, and accompanying papers, for a full statement of the facts. The proposition that a contingent claim is not subject to the trustee process, is in itself considered very simple; but it is in the application of it to particular cases as they arise, which…

2Cases cited2 opinions

  1. Downer v. TopliffSupreme Court of Vermont · 1847
  2. Burke v. WhitcombSupreme Court of Vermont · 1841

3Cited by6 opinions

  1. Ricker v. LajoieDistrict Court, D. Vermont · 1970
  2. Brown v. CairnsSupreme Court of Iowa · 1898
  3. Ottumwa National Bank v. NorfolkSupreme Court of Iowa · 1919
  4. Partch v. BoyleSupreme Court of Iowa · 1924
  5. J. W. Ellis & Co. v. GoodnowSupreme Court of Vermont · 1867

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