Fish v. Field
Supreme Court of Vermont
Trustee Process. It appeared, that the principal debtor, having been sued by the Bank of Orwell upon a debt for one thousand dollars, applied to the trustee to raise for him that sum, and agreed to give him a bonus of two hundred dollars for so doing.
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Trustee Process. It appeared, that the principal debtor, having been sued by the Bank of Orwell upon a debt for one thousand dollars, applied to the trustee to raise for him that sum, and agreed to give him a bonus of two hundred dollars for so doing. The money was raised by the trustee and the thousand dollar debt paid therewith ; and thereupon the principal debtor executed to the trustee his note for twelve hundred dollars, payable on demand, and on the same day a suit was commenced, against the principal debtor upon this note, and his property was attached. The principal debtor confessed…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This case is, in principle, so nearly the same with that of Barker v. Esty et al. & Tr., just decided, [ante p. 131,] that little need be said in regard to it. If it were a mere fraudulent transfer, to defeat the creditors of Field, we should, of course, hold *143the trustee liable. But if that were so, it is matter of fact, which should be found by the county court. But the testimony does not, in our opinion, tend to prove any such secret trust, or confidence, between the parties. It seems to have been a case of outrageous oppression, a kind…
2Cases cited1 opinion
- Frost v. BatesSupreme Court of Vermont · 1844