Peck v. Monahan
Supreme Court of Vermont
Book account, Chittenden County, March Term, 1913. Waterman, J., presiding. The action is against E. T. Monahan and the Winooski Savings Bank, trustee. The writ was dated August 22, 1903, and was served on the bank on August 25, 1903. Judgment by default was rendered against E. T. Monahan. The bank filed a disclosure denying its liability as trustee, and that issue was tried by the court on an agreed statement.
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Book account, Chittenden County, March Term, 1913. Waterman, J., presiding. The action is against E. T. Monahan and the Winooski Savings Bank, trustee. The writ was dated August 22, 1903, and was served on the bank on August 25, 1903. Judgment by default was rendered against E. T. Monahan. The bank filed a disclosure denying its liability as trustee, and that issue was tried by the court on an agreed statement. The agreed statement shows that on February 28, 1900, J. J. Monahan caused to be served a writ in his favor against E. T. Monahan and the Winooski Savings Bank as trustee, which writ…
1Opinion of the CourtPowers, C. J.
When this writ was served on the Winooski Savings Bank, the fund in question was impounded to await the determination of the suit and the final order of the court. Heno v. Thomas, 64 Vt. 358. The bank became a mere stakeholder, charged with the duty of holding the fund, to be paid over only under the "compulsive force of final judgment.” Wilder v. Weatherhead, 32 Vt. 765. It was required by law to make full disclosure of the facts, and thus compel the plaintiff to raise an issue and establish its liability or submit to its discharge. For, had the bank complied with this requirement, it would…
2Cases cited8 opinions
- Stevens v. DillmanIllinois Supreme Court · 1877
- Wilder v. WeatherheadSupreme Court of Vermont · 1860
- Dow v. TaylorSupreme Court of Vermont · 1899
- Hall v. George W. Hall's EstateSupreme Court of Vermont · 1911
- Lyman v. TarbellSupreme Court of Vermont · 1857
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3Cited by2 opinions
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- State v. RogersSupreme Court of Vermont · 1963