Hill v. Whitney
Supreme Court of Vermont
Assumpsit on a promissory note, dated April 7, 1837, signed by Adolphus Whitney and Alfred Whitney, and which suit was also brought against Hiram Whitney, as trustee of the principal .debtors.
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Assumpsit on a promissory note, dated April 7, 1837, signed by Adolphus Whitney and Alfred Whitney, and which suit was also brought against Hiram Whitney, as trustee of the principal .debtors. The writ was dated March 26, 1842. The principal debtors filed a motion in the county court to dismiss the suit, for the reason that it was commenced by trustee process on a contract made prior to the first day of January, 1839. It was admitted that the principal debtors were resident citizens of Windsor county, and were not absent or absconding debtors, nor concealed debtors within the state, at the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This action is predicated upon a note given in 1837, and it stands admitted by the exceptions that the persons sued as principal debtors were resident citizens of this state, and not absent or absconding debtors, nor concealed within the state, at the time the suit was commenced. A motion was filed by the principal debtors to dismiss the suit. It is contended by the plaintiff’s counsel that all that should be done is to discharge the trustee, and then let the case proceed between the plaintiff and the principal defendants, the same as if the…
2Cases cited4 opinions
- Bradley v. Town of RichmondSupreme Court of Vermont · 1834
- Emerson v. PaineSupreme Court of Vermont · 1837
- Austin v. GroutSupreme Court of Vermont · 1829
- Boardman v. BickfordSupreme Court of Vermont · 1827
3Cited by6 opinions
- Roy v. PhelpsSupreme Court of Vermont · 1910
- Frost v. KelloggSupreme Court of Vermont · 1851
- Rindge v. GreenSupreme Court of Vermont · 1879
- Ferris v. FerrisSupreme Court of Vermont · 1853
- Hayden v. Caledonia National BankSupreme Court of Vermont · 1941
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