George Worthington, Jr., & Co. v. Jones
Supreme Court of Vermont
Trustee Process. Judgment was rendered against the principal debtor by default. The trustee disclosed, in substance, as follows.
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Trustee Process. Judgment was rendered against the principal debtor by default. The trustee disclosed, in substance, as follows. The principal debtor, who was the father of the trustee, commenced laboring for the trustee in August, 1846, at the business of a blacksmith, under an agreement, that the trustee should support the principal debtor and his family, and that, if the value of his labor should exceed the expense of supporting himself and his family, the excess should be paid by the trustee to the creditors of the principal debtor. This agreement was by parol, and no time was specified…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The questions presented in this case arise upon the disclosure of the trustee. The plaintiff seeks to charge the supposed trustee by reason of the labor and service rendered him by the principal debtor; and whether he should be charged as trustee, by reason of such service, must depend upon whether he thereby became indebted to the principal debtor, either legally, or equitably. And this is a fact, which the county court have found in favor of the trustee, and by that finding, so far as the question of indebtedness is involved, this court is…
2Cases cited2 opinions
- Crane v. SticklesSupreme Court of Vermont · 1843
- Jones v. SpearSupreme Court of Vermont · 1849
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- Knapp v. LevanwaySupreme Court of Vermont · 1855