Larkin v. Hapgood
Supreme Court of Vermont
Action by the assignee in insolvency of Sarel A. Sawyer to recover money paid to defendant by said Sawyer. Plea, the general issue. Trial by jury, June Term, 1883, Yeazey, J., presiding. Verdict for the plaintiff. Both the defendant and Sawyer had lived for many years in Peru; and the witness,, mentioned in the opinion of the court., also lived there.
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Action by the assignee in insolvency of Sarel A. Sawyer to recover money paid to defendant by said Sawyer. Plea, the general issue. Trial by jury, June Term, 1883, Yeazey, J., presiding. Verdict for the plaintiff. Both the defendant and Sawyer had lived for many years in Peru; and the witness,, mentioned in the opinion of the court., also lived there. It appeared that the money was paid to the defendant in 1881, but within three months of the filing’ of the petition in insolvency against Sawyer, which was on the lVth day of February, 1881; and that there was no evidence to show that the…
1Opinion of the Court
The opinion of the court was delivered by
Boyce, Ch. J.
The money which the insolvent debtor paid to the defendant, and which is sought to be recovered in this action, was paid by Sawyer to defendant, as the agent of his sister, who then resided in Massachusetts. It was paid within three months of the filing of the petition in insolvency against Sawyer, and was sent at once by the defendant to his sister. The defendant claimed that inasmuch as he was acting as agent for his sister in the receipt of the money, and that was known to Sawyer, that the action could not be maintained against him;…
2Cases cited4 opinions
- Hard v. BrownSupreme Court of Vermont · 1846
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Richardson v. HitchcockSupreme Court of Vermont · 1856
- Sherman v. BlodgettSupreme Court of Vermont · 1855
3Cited by4 opinions
- Crampton v. Valido Marble Co.Supreme Court of Vermont · 1888
- Hazen v. Lyndonyille National BankSupreme Court of Vermont · 1898
- Hirning v. Federal Reserve Bank of Minneapolis, Minn.Court of Appeals for the Eighth Circuit · 1931
- Hardy v. American Express Co.Massachusetts Supreme Judicial Court · 1902