Lyman, Converse & Pomeroy v. Orr
Supreme Court of Vermont
Trustee Process. The only question in this case, arose upon the disclosure of Ira D. Bixby, who disclosed in snbsiance, that on the 16th day of September, 1S50, he purchased of James Orr, the principal defendant, a house and lot in Burlington, for which he agreed to pay said Orr the sum of $2900. That at the time of the trade, and as part of said contract, he assumed and paid debts of said Orr to the amount of $2555,13, consisting in the most part of incumbrances on said…
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Trustee Process. The only question in this case, arose upon the disclosure of Ira D. Bixby, who disclosed in snbsiance, that on the 16th day of September, 1S50, he purchased of James Orr, the principal defendant, a house and lot in Burlington, for which he agreed to pay said Orr the sum of $2900. That at the time of the trade, and as part of said contract, he assumed and paid debts of said Orr to the amount of $2555,13, consisting in the most part of incumbrances on said house and lot; and that of said $2900, so agreed to be paid, by said supposed trustee, for said house and lot, the sum of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in the case, is as to the amount for which the trustee, Bixby, should be held to be chargeable. Bixby bought the place of Orr, at $2900, and after deducting the incumbrances, there was left in the hands of this trustee $344,87, for which sum it is conceded he should be adjudged trustee ; and it is also claimed that he should be charged with interest on that sum; but a majority of the court think otherwise.
The sale to Bixby-was made the 16th day of September, 1850, and the next day Carlos Baxter commenced his trustee suit,…
2Cited by5 opinions
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- Baker v. Central Vermont R. R.Supreme Court of Vermont · 1883
- Platt v. Continental InsuranceSupreme Court of Vermont · 1890
- Northfield Trust Co. v. CuttingSupreme Court of Vermont · 1921