Baxter v. Currier
Supreme Court of Vermont
This was an action, charging Jason Currier as trustee of John Currier, commenced under the trustee act of 1797. The trustee disclosed that he had no effects of the principal debtor in his hands, and that he was not indebted to him. The particulars of the disclosure sufficiently appear from the facts herein after stated and the opinion of the court.
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This was an action, charging Jason Currier as trustee of John Currier, commenced under the trustee act of 1797. The trustee disclosed that he had no effects of the principal debtor in his hands, and that he was not indebted to him. The particulars of the disclosure sufficiently appear from the facts herein after stated and the opinion of the court. On the trial in the county court, the plaintiffs offered evidence, extraneous and other than the disclosure of the trustee, to contradict and charge the trustee ; also, evidence to prove facts not within the scope of the disclosure, and not sought…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The trustee discloses that he received of the principal debtor a deed of two lots of land, for which he says that he paid him in full; that the land was incumbered by a mortgage ; that he received of the principal debtor-two notes against one Alpha Allyn, amounting to about one hundred and fifteen dollars, exclusive of interest, and these notes he received for the purpose of extinguishing the mortgage ; and further, that he is not indebted to, and has no property of, the principal debtor in his hands or possession. It is evident, from…
2Cited by3 opinions
- Woodward v. WymanSupreme Court of Vermont · 1881
- National Union Bank v. BrainerdSupreme Court of Vermont · 1893
- Weller v. WellerSupreme Court of Vermont · 1844