Drew v. Corliss
Supreme Court of Vermont
This was an action of assumpsit against James D. Cor-liss, in which the defendant, Phineas B. Richardson, was summoned as trustee. Heard upon the report of a commissioner at the June term, 1892, Tyler, J., presiding. Judgment -pro forma that the trustee was chargeable for $437.50. The defendant and trustee except. The plaintiffs sought to make the trustee chargeable with certain personal property received by him under a deed from James D. Corliss and wife.
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This was an action of assumpsit against James D. Cor-liss, in which the defendant, Phineas B. Richardson, was summoned as trustee. Heard upon the report of a commissioner at the June term, 1892, Tyler, J., presiding. Judgment -pro forma that the trustee was chargeable for $437.50. The defendant and trustee except. The plaintiffs sought to make the trustee chargeable with certain personal property received by him under a deed from James D. Corliss and wife. It appeared that on the 20th day of May, 1891, the said James D. Corliss was the owner of a certain farm in Tunbridge, containing about…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The only question for consideration regards the liability of the trustee. Before service of the writ upon him he had conveyed to him by a deed from the defendant and his wife a farm and certain personal property. He neither paid anything nor agreed to pay anything for the property conveyed. The commissioner reports : “The conveyance was made to the trustee in trust, but for whom there is no proof, except what appears from the trustee’s disclosure. The counsel for the defendant claims that the disclosure of the trustee is proof of the fact…
2Cases cited3 opinions
- Leach v. FrancisSupreme Court of Vermont · 1869
- Root v. ReynoldsSupreme Court of Vermont · 1859
- Lyon v. RoodSupreme Court of Vermont · 1840
3Cited by4 opinions
- Gray v. BeardOregon Supreme Court · 1913
- Rose v. MorrellSupreme Court of Vermont · 1969
- Mahoney v. LeddySupreme Court of Vermont · 1966
- Holstein v. Blanchette and Tr.Supreme Court of Vermont · 1936