Wheeler v. Winn
Supreme Court of Vermont
Trustee Process. The commissioner found the following facts! March 20th, 1861, Norris L. Stetson owed the defendant, Ruel L. Winn, the sum of $119.31 for which he gave him a negotiable promissory note, payable on demand with interest; Winn then told Stetson that he should not want the money for a year and perhaps not then — and whenever he did want the money, he would give seasonable notice.
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Trustee Process. The commissioner found the following facts! March 20th, 1861, Norris L. Stetson owed the defendant, Ruel L. Winn, the sum of $119.31 for which he gave him a negotiable promissory note, payable on demand with interest; Winn then told Stetson that he should not want the money for a year and perhaps not then — and whenever he did want the money, he would give seasonable notice. On the néxt day Winn left the state and went in the first place to North Adams, Mass., where resided his two half brothers, Abiather W. Preston and Lorenzo Preston. At this time his credit was good, he…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
If the transfer of the note by Winn to the Prestons had been bona fide for a full consideration, it would have protected the trustée from liability, as he was' notified of the transfer before the service of the writ upon him'. • But the commissioner finds that the transfer was made for the purpose of avoiding the plaintiff’s demand, and. that the Prestons were privy to the fradulent purpose. This renders the transfer void and leaves the trustee liable, unless something further appears to change the rights’of the parties. Under this finding no…
2Cases cited10 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Holmes v. RemsenNew York Supreme Court · 1822
- Holmes v. RemsenNew York Court of Chancery · 1820
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
- Bank of North America ex rel. Swift v. M'CallSupreme Court of Pennsylvania · 1812
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901
- Dow v. TaylorSupreme Court of Vermont · 1899
- Peck v. MonahanSupreme Court of Vermont · 1914