Baylies v. James Houghton & Co.
Supreme Court of Vermont
Trustee process against Dodge & Keith and C. Spalding, who were sued as trustees of James Houghton & Co. of Boston, in the state of Massachusetts.
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Trustee process against Dodge & Keith and C. Spalding, who were sued as trustees of James Houghton & Co. of Boston, in the state of Massachusetts. In the county court, Dodge & Keith made their disclosure in writing, setting forth, that, at Boston aforesaid, on the 17th September, 1841, they executed their promissory note for $357.64, made payable to the said Houghton & Co. or order, in six months from date; and that on the 19th of April, 1842, at said Boston, they executed another promissory note for $ 127.20, made payable in six months from date, to said Houghton & Co. or their order, which…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It seems now to be an acknowledged principle of the law of foreign attachment, that a payment made under such proceeding will protect the garnishee, unless the court acted without jurisdiction, although there are some early cases to the contrary of this even. The jurisdiction of the debt to some extent depends upon the domicil of the debtor, so that the court may be considered, in one sense, as having jurisdiction of this debt, perhaps; and should we render judgment here that the trustee is liable, it is probable the courts of Massachusetts…
2Cases cited2 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
3Cited by12 opinions
- M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
- Missouri Pacific Railway Co. v. MaltbySupreme Court of Kansas · 1885
- Martin v. HillNew York Supreme Court · 1851
- Reimers v. Seatco Manuf'g Co.Court of Appeals for the Sixth Circuit · 1895
- Baltimore & Ohio Southwestern Railroad v. McDonaldAppellate Court of Illinois · 1904
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