Hutchins v. Evans
Supreme Court of Vermont
Trustee Process, against Osgood Evans as trustee of Amasa Lyman, principal debtor. This suit was commenced at the November term of the county court, 1839. The trustee disclosed that on the 28th day of June, 1838, he executed, to said Lyman, nine promissory notes of that date, each for the sum of fifty dollars, payable respectively in five, six, seven, eight, nine, ten, eleven, twelve and thirteen years from date, with interest, in money, all which were payable to said Lyman,…
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Trustee Process, against Osgood Evans as trustee of Amasa Lyman, principal debtor. This suit was commenced at the November term of the county court, 1839. The trustee disclosed that on the 28th day of June, 1838, he executed, to said Lyman, nine promissory notes of that date, each for the sum of fifty dollars, payable respectively in five, six, seven, eight, nine, ten, eleven, twelve and thirteen years from date, with interest, in money, all which were payable to said Lyman, or order, and that the trustee had paid no part thereof, except §53.98, being the amount of three judgments recovered…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The question whether the trustee is liable in this case, has been, in effect, twice decided by this court. In Hinsdale v. Safford, 11 Vt. R. 309, it was held that where a negotiable promissory note was indorsed before it fell due, although notice was not given to the maker, such maker was not liable as trustee. In Little v. Hale, Id. 482, it was held, that where the indorsement was subsequent to the service of the trustee process, it would defeat it. In the present case there is not shown to have been any indorsement. But we ought not to…
2Cited by2 opinions
- Ayott v. SmithSupreme Court of Vermont · 1868
- Griswold v. DavisSupreme Court of Vermont · 1858