Lyman v. Tarbell
Supreme Court of Vermont
Assumpsit. The questions in this case related solely to the liability of the trustee. The case was referred to a commissioner who found and reported the following facts : From April, 1852 to February, 1854, the trustee carried on the tin-ware and stove business, at White River Village, in his own name, and ostensibly solely on his own account, hut in fact the defendant was equally interested with him in|the business.
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Assumpsit. The questions in this case related solely to the liability of the trustee. The case was referred to a commissioner who found and reported the following facts : From April, 1852 to February, 1854, the trustee carried on the tin-ware and stove business, at White River Village, in his own name, and ostensibly solely on his own account, hut in fact the defendant was equally interested with him in|the business. In February, 1854, the trustee sold out the stock in his shop to Amos Bixby, for which the latter gave him two notes, one for four hundred and twenty dollars and eighty-nine…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question raised in the case is in regard to the liability of Taft, as trustee. It need hardly be remarked, that this court, in trustee suits, as in others, simply sits as a court of errors, and not to settle facts. They must all be settled in the court below, and it is only our business to settle the law upon the facts found below.
In the county court the trustee was made chargeable for the amount due on a note of three hundred dollars, dated the 12th day of December, 1854, payable on demand with interest. This note was given by Taft…
2Cited by3 opinions
- Vilas v. SeithSupreme Court of Vermont · 1936
- Wheeler v. WinnSupreme Court of Vermont · 1865
- Peck v. MonahanSupreme Court of Vermont · 1914