Rowell v. Felker
Supreme Court of Vermont
Heard by the court, February Term, 1881, on the report of a commissioner, Ross, J., presiding. The court held both trustees liable for certain amounts ; and all the parties appealed.
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Heard by the court, February Term, 1881, on the report of a commissioner, Ross, J., presiding. The court held both trustees liable for certain amounts ; and all the parties appealed. The leases, running for five years, covered separate premises, and were dated March 1877. The writ was served September, 1878. Blaisdell, the claimant, had attached and set off the premises in October, 1879, on an execution ; and notified the trustees in May, 1880, that they must pay the rent to him. The manner of the claimant’s proceeding before the commissioner is stated in the opinion. The commissioner found,…
1Opinion of the Court
*529The opinion of the court was delivered by
Royce, J.
The trustees leased certain premises of the defendant Felker in 1877, and agreed to pay rent annually for the same. The principal contention has been as to their liability as trustees of Felker for the rent to be paid for the last two years of the term. It is not claimed but that the promise to pay the stipulated rent was unconditional; but it is claimed that the promise to pay future rent did not constitute such a debt as could be attached by the trustee process ; that the liability was dependent upon the right of occupancy, and hence that it…
2Cases cited3 opinions
- Downer v. TopliffSupreme Court of Vermont · 1847
- Downer v. CurtisSupreme Court of Vermont · 1853
- Burke v. WhitcombSupreme Court of Vermont · 1841
3Cited by2 opinions
- Brown v. CairnsSupreme Court of Iowa · 1898
- Partch v. BoyleSupreme Court of Iowa · 1924