Baldwin v. Percival
Supreme Court of Vermont
Assumpsit begun by trustee process; Simpson Clark, claimant. Heard on the facts found by the commissioner as to the liability, of the trustee, at March Term, 1913, Orleans County, Stanton, J., presiding. Judgment discharging trustee with costs, and that the fund in his hands belongs to the claimant. The plaintiff excepted. The opinion states the case.
1Opinion of the CourtWatson, J.
The statute (P. S. 1658) provides that, “A person or corporation may be summoned as a trustee of the defendant, and the goods, effects or credits of the defendant which are in the hands of such trustee at the time of the service of the writ upon him, or which came into his hands or possession before disclosure, shall thereby be attached and held to respond to final judgment in the suit, except as hereinafter provided”; also (P. S. 1660) that, “A debt or legacy due from an executor or administrator, and other goods, effects or credits in his hands, may be attached by trustee process.”
*213In this…
2Cases cited16 opinions
- Boyden v. WardSupreme Court of Vermont · 1866
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Kettle v. HarveySupreme Court of Vermont · 1849
- Holmes v. ClarkSupreme Court of Vermont · 1873
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3Cited by4 opinions
- Island Pond National Bank v. ChaseSupreme Court of Vermont · 1928
- In Re Clark's EstateSupreme Court of Vermont · 1927
- Probate Court v. Indemnity Insurance Co. of North AmericaSupreme Court of Vermont · 1934
- Royal Bank of Canada v. GirardSupreme Court of Vermont · 1927