Bishop v. Catlin
Supreme Court of Vermont
Trustee process. It appeared from the disclosure of the trustees, and their answers to the interrogatories filed by the plaintiffs, that the principal defendants had made an assignment of their property to the trustees who were their creditors and holden for them as sureties and endorsers. The assignment was for the benefit of, and preferred other creditors as well as the trustees.
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Trustee process. It appeared from the disclosure of the trustees, and their answers to the interrogatories filed by the plaintiffs, that the principal defendants had made an assignment of their property to the trustees who were their creditors and holden for them as sureties and endorsers. The assignment was for the benefit of, and preferred other creditors as well as the trustees. The assignees took possession of the property assigned and had converted a part of it into money. It was claimed by the plaintiffs that the assignment was void and that the trustees were chargeable for the property…
1Opinion of the Court
was delivered by
Isham, J.
It is not pretended that the trustees are chargeable in this case, unless a liability is created under an assignment of property to them by the Messrs. Harts, on the 23d of September, 1852. The property transferred to them consisted of real and personal estate, and was to be disposed of, by them, for the payment of their debts, and debts due to other creditors mentioned in the assignment. If that assignment is valid, the trustees should be discharged, as it appears from their disclosure, that the property is insufficient to pay the debts for which it was transferred…
2Cases cited1 opinion
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
3Cited by8 opinions
- Sickman v. HaxSupreme Court of Colorado · 1890
- Therasson v. HickokSupreme Court of Vermont · 1865
- Woodward v. WymanSupreme Court of Vermont · 1881
- Farrar, Burt & Co. v. PowellSupreme Court of Vermont · 1899
- Williams v. CrockerSupreme Court of Florida · 1895
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