Martin v. L. Potter & Co.
Supreme Court of Vermont
Trustee Process. It appeared that on the 7th day of January, 1858, the defendants, L. Potter & Co.; made an assignment of their property ; that said assignment was duly executed by said Potter & Co., and recorded, and the said claimants accepted of the assignment, and 'claimed to hold the property of said Potter & Co., under and by virtue of said assignment.
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Trustee Process. It appeared that on the 7th day of January, 1858, the defendants, L. Potter & Co.; made an assignment of their property ; that said assignment was duly executed by said Potter & Co., and recorded, and the said claimants accepted of the assignment, and 'claimed to hold the property of said Potter & Co., under and by virtue of said assignment. It further appeared that the plaintiff, and L. Potter & Co , and said claimants, are all resident citizens of the state of New York, and that the assignment was made in New York ; that the trustees in this case are resident citizens of…
1Opinion of the CourtAlois, J.
In Hanford v. Paine and Trustee, 32 Vt. 442, it was held that foreign assignments of property within this state, though not pursuing the provisions of our statutes as to assignments, if valid where made, would be valid here. At the same term in Rice & Danenbaum v. Curtis, 32 Vt. 460, it was adjudged that the creditors of the assignor might lawfully attach and hold personal property transferred by a valid foreign as signment, where the assignee had not taken possession of the pro perty assigned, 'lliis decision rests upon the settled policy of our state, that sales and assignments of personal…
2Cases cited2 opinions
- Hanford v. PaineSupreme Court of Vermont · 1860
- Rice & Danenbaum v. CourtisSupreme Court of Vermont · 1860
3Cited by7 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
- Lewis v. BushSupreme Court of Minnesota · 1883
- Pyeatt. v. PowellCourt of Appeals for the Eighth Circuit · 1892
- Smith v. HarrisCalifornia Court of Appeal · 1954
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