Hutchins v. Watts
Supreme Court of Vermont
Trustee Process. The commissioner reported that the trustee was indebted to the defendant for the latter's interest in the settlement of a partnership, which had existed for a year previous, between the defendant and the trustee, and which ther trustee was closing up by collecting the assets and paying the debts; that while the trustee was engaged in closing up the affairs of such partnership, the defendant being indebted to the claimant, agreed with the claimant to transfer…
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Trustee Process. The commissioner reported that the trustee was indebted to the defendant for the latter's interest in the settlement of a partnership, which had existed for a year previous, between the defendant and the trustee, and which ther trustee was closing up by collecting the assets and paying the debts; that while the trustee was engaged in closing up the affairs of such partnership, the defendant being indebted to the claimant, agreed with the claimant to transfer to him his interest in the previous year’s business with Choate. ‡ No writing was executed between the parties, but the…
1Opinion of the CourtKellogg, J.
In the case of Noyes v. Brown and trustee, 33 Vt. 431, it was held that an assignment of a chose in action by words, without writing, operates as an equitable transfer of it, and, when followed by notice thereof, from the assignee to the debtor, will be protected and enforced by courts of law, against a subsequent attachment by trustee process.
It is claimed by the plaintiff that no .assignment by Watts, the principal defendant, of the effects and credits in the hands of Choate, the trustee, to Sargeant, the claimant, was ever consume mated, and that the facts only show an agreement to assign…
2Cases cited2 opinions
- Noyes v. BrownSupreme Court of Vermont · 1860
- Downer v. MarshSupreme Court of Vermont · 1856
3Cited by7 opinions
- Sullivan v. MyerTennessee Supreme Court · 1916
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- Howland Bros. & Cave v. Barre Savings Bank & Trust Co.Supreme Court of Vermont · 1915
- Slimmer v. State BankSupreme Court of Minnesota · 1916
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