Seward v. Garlin
Supreme Court of Vermont
Trustee Process. The trustees disclosed that the trustee, Wait, as principal, and the other trustees as his sureties, executed and delivered to the claimant a promissory note in payment for a span of horses, sold by the claimant to Wait; that the defendant, previous to the service of the trustee process upon the trustees, notified Wait that the claimant had transferred the note to him; and that no notice of any other transfer of the note was given to any of the trustees…
Read the full summary
Trustee Process. The trustees disclosed that the trustee, Wait, as principal, and the other trustees as his sureties, executed and delivered to the claimant a promissory note in payment for a span of horses, sold by the claimant to Wait; that the defendant, previous to the service of the trustee process upon the trustees, notified Wait that the claimant had transferred the note to him; and that no notice of any other transfer of the note was given to any of the trustees prior to the service of the trustee process upon them. The claimant filed allegations to the effect that the note in…
1Opinion of the Court
Poland, Ch. J.
The substance of the claimant’s allegation upon which the issue was joined and the case tried, was that the note signed by the trustees, and which the plaintiff sought to hold by his trustee attachment, was never so transferred or delivered by him to his son Andrew, the principal debtor, as to make the note his property, and liable to be attached by his creditors. Under the issue thus formed we think the plaintiff might justly have claimed that it was not competent for the claimant to claim or prove that he had in fact sold or given the note to his son, so that the same became…
2Cases cited1 opinion
- Britton v. PrestonSupreme Court of Vermont · 1837
3Cited by10 opinions
- State v. WardSupreme Court of Vermont · 1888
- Wimer v. SmithOregon Supreme Court · 1892
- State v. ParkerSupreme Court of Vermont · 1932
- State v. TahairSupreme Court of Vermont · 2001
- Button v. KnightSupreme Court of Vermont · 1921
5 more not listed; retrieve them via the Exa API.