Boardman v. Roger
Supreme Court of Vermont
Assumpsit upon a promissory note, payable to George C. West, or bearer. Plea, the general issue, and trial by the court. On trial, the' plaintiff proved the execution, by the defendants, of the note declared upon.
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Assumpsit upon a promissory note, payable to George C. West, or bearer. Plea, the general issue, and trial by the court. On trial, the' plaintiff proved the execution, by the defendants, of the note declared upon. From the evidence introduced by the defendants it appeared that one Thomas McKnight, a deputy sheriff, sometime in the year 1842, attached the personal property of-one Joseph Riker, upon a writ of attachment in favor of David A. Smal-ley, and took the receipt of the defendant Roger for said property ; that judgment was obtained against Riker in said suit, and execution thereon was…
1Opinion of the Court
*593The opinion of the court was delivered by
Redfield, J.
Of the right of a mere trustee, by the consent of the one beneficially interested, to sustain an action, in his own name, upon a promissory note payable to bearer, for the benefit of the real owner, there can be no doubt. Smith v. Burton, 3 Vt. 233. Bank of Burlington v. Beach, 1 Aik. 62. Baxter v. Buck, 10 Vt. 548.. We do not see, why this note was not the absolute property of McKnight. He was not the agent, or trustee, of the creditors, for the purpose of taking the note. So far from that, the officer had no right, except at his own…
2Cases cited3 opinions
- Baxter v. BuckSupreme Court of Vermont · 1838
- Bank of Burlington v. BeachSupreme Court of Vermont · 1825
- Smith v. BurtonSupreme Court of Vermont · 1831
3Cited by3 opinions
- Fletcher v. FletcherSupreme Court of Vermont · 1856
- Bank of Middlebury v. BinghamSupreme Court of Vermont · 1861
- Newton v. NuttSupreme Court of New Hampshire · 1879