McIntyre & Wardwell v. Williamson
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury, Wind-ham County, March Term, 1899, Tyler, J., presiding. Yerdict and judgment for the defendant. The plaintiffs excepted. The verdict was directed by the court on the motion of the defendant set out in the opinion. The plaintiffs were brokers, and the defendant, at the time of the transactions in question,was vested with the legal title of a fund bequeathed to him by his father in trust.
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Assumpsit. Plea, the general issue. Trial by jury, Wind-ham County, March Term, 1899, Tyler, J., presiding. Yerdict and judgment for the defendant. The plaintiffs excepted. The verdict was directed by the court on the motion of the defendant set out in the opinion. The plaintiffs were brokers, and the defendant, at the time of the transactions in question,was vested with the legal title of a fund bequeathed to him by his father in trust. The claim of the plaintiffs grew out of transactions in the purchase and sale of stocks, etc., by the plaintiffs in their business as brokers.
1Opinion of the CourtMunson, J.
The action is general assumpsit. The court •directed a verdict for the defendant on a motion which assigned *184as grounds therefor that the plaintiffs dealt with the defendant in his capacity as trustee, and that the plaintiffs5 testimony disclosed no cause of action under the pleadings. The case stands upon the plaintiffs5 exception to this ruling.
The dealings upon which the suit is based were had by and with the defendant as “ trustee.55 He could become personally holden notwithstanding the use of this term. The legal estate was in him, and he was acting for himself in managing it. His…
2Cases cited7 opinions
- New v. . NicollNew York Court of Appeals · 1878
- Glenn v. AllisonCourt of Appeals of Maryland · 1882
- Blaisdell v. StevensSupreme Court of Vermont · 1844
- Hackman v. MaguireMissouri Court of Appeals · 1886
- United States Trust Co. v. StantonNew York Court of Appeals · 1893
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3Cited by3 opinions
- Beggs v. FiteTexas Supreme Court · 1937
- Reynolds-McGinness Co. v. GreenSupreme Court of Vermont · 1905
- James McCoy Co. v. SmithSupreme Court of Iowa · 1917