Tilden v. Minor, Smith & Moriarty
Supreme Court of Vermont
Trustee process. The facts reported by the commissioner sufficiently appear in the opinion of the court; except that, the trustee got possession of the corn in question without fault of the claimant, before the' commencement of this suit, without paying therefor.
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Trustee process. The facts reported by the commissioner sufficiently appear in the opinion of the court; except that, the trustee got possession of the corn in question without fault of the claimant, before the' commencement of this suit, without paying therefor. The court, Windsor county, Barrett, J., presiding, rendered judgment against the defendant by default, and judgment, pro forma, against the trustee for $236.60 ; to which the claimant excepted. cited Bank of Rochester v. Jones, 4 Comst. 497 ; Hibbert et als. v. Carter, 1 T. R. 745; Canard v. Atlantic Ins. Co. 1 Peters, 387-, 445 ;…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The defendants were grain dealers in Chicago. The trustee had purchased of the defendants several carloads of corn and feed, which had been paid for by honoring drafts by defendants, on the trustee, sent to the Woodstock National Bank for collection, with the bill of lading thereto attached, endorsed in blank. In June, 1869, the trustee ordered another carload of corn; and on the 15th day of the same month, it was forwarded in car No. 604 by the defendants to their own order, with the memoranda on the bill of lading, “ Notify E. G. Culver,…
2Cases cited1 opinion
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1851
3Cited by8 opinions
- National Bank v. EverettSupreme Court of Georgia · 1911
- Joslyn v. Grand Trunk Railway Co.Supreme Court of Vermont · 1878
- Merchants' Exch. Bank of Milwaukee v. McGrawCourt of Appeals for the Ninth Circuit · 1896
- Quigley v. WileySupreme Court of Vermont · 1935
- Burditt Bros. v. HoweSupreme Court of Vermont · 1897
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