Hitchcock v. Egerton
Supreme Court of Vermont
This was an action against the defendant as sheriff of Rutland county for the neglect of his deputy, Pond, in not collecting and paying over the amount of a certain execution in favor of the plaintiff against Quinton and Church, On the trial before the county court it appeared that said execution had been collected by said deputy who had offered to pay the amount to the plaintiff, who directed him to pay the same to William Spooner, to whom said debt in fact belonged, and…
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This was an action against the defendant as sheriff of Rutland county for the neglect of his deputy, Pond, in not collecting and paying over the amount of a certain execution in favor of the plaintiff against Quinton and Church, On the trial before the county court it appeared that said execution had been collected by said deputy who had offered to pay the amount to the plaintiff, who directed him to pay the same to William Spooner, to whom said debt in fact belonged, and that afterwards said Pond had paid a part of said execution to s.aid Spooner, and during'the term of the county court at…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
It seems that this suit was prosecuted in the name of the present plaintiff, not for his benefit, but|for whom it may concern. The defendant concedes the collection of the execution, and shows a payment in part to Spooner by order of the plaintiff. In relation to the balance, the defendant is in default, and his tender, made after suit and in term time, is entirely useless.
It is however insisted, that judgment should be against the defendant for the whole execution on the ground that the trustee process served on the attorney, Kellogg, who…
2Cited by4 opinions
- Van Amee v. JacksonSupreme Court of Vermont · 1862
- Scofield v. WhiteSupreme Court of Vermont · 1857
- Morse v. StevensSupreme Court of Vermont · 1922
- Denison v. PetrieSupreme Court of Vermont · 1843