Legal Opinion

Shattuck v. Smith

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 4 opinions

Trustee Process. The trustees disclosed that, in the winter of 1839 — 40, they became indebted on book account to the principal debtor, but the account remained unadjusted, and the precise sum due was not ascertained and agreed upon until Jan. 18, 1843, when it was fixed by the parties at $103,65, and that said sum was still due from them.

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Trustee Process. The trustees disclosed that, in the winter of 1839 — 40, they became indebted on book account to the principal debtor, but the account remained unadjusted, and the precise sum due was not ascertained and agreed upon until Jan. 18, 1843, when it was fixed by the parties at $103,65, and that said sum was still due from them. That, March 17, 1841, the principal debtor gave to the plaintiff an order on the trustees for $100, of which the trustees immediately after had notice, and the said Shattuck requested them to either pay or accept said order. That they declined doing so, as…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only question which the court have deemed it necessary to decide in this case is, whether, after an assignment by the principal debtor of all his interest in a debt, the priority of title, by assignment, as between different assignees, can be determined in this form of procedure. We think not. This proceeding is but one of many modes of attaching the property of a debtor. It is specific, and strictly defined by statute. The very basis of the whole procedure is, that, the debtor has some interest in the matter sought to be attached. If…

2Cited by4 opinions

  1. Schuler v. IsraelSupreme Court of the United States · 1887
  2. Darlington-Miller Lumber Co. v. National Surety Co.Court of Appeals of Texas · 1904
  3. Cargill v. OtwellLouisiana Court of Appeal · 1925
  4. Wing v. WoodwardSupreme Court of Vermont · 1883

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