Wilkinson v. Hall
Massachusetts Supreme Judicial Court
Action of contract on a negotiable promissory note made by the defendant on the 15th of September 1853, payable to David Wilkinson on demand, and by him indorsed to the plaintiff. The writ was served by attachment of the defendant’s real estate on the 11th of January 1855 ; but, he residing out of the Commonwealth, notice was ordered to him.
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Action of contract on a negotiable promissory note made by the defendant on the 15th of September 1853, payable to David Wilkinson on demand, and by him indorsed to the plaintiff. The writ was served by attachment of the defendant’s real estate on the 11th of January 1855 ; but, he residing out of the Commonwealth, notice was ordered to him. The defendant, in defence of this action, relied on the following proceedings in the State of Vermont: On the 1st of March 1855, being summoned as trustee in an action brought in that state by Polly Underwood against David Wilkinson, he stated in his…
1Opinion of the CourtThomas, J.
The defendant relies upon the judgment against him as trustee in the process of foreign attachment in the courts of Vermont, as a bar to this suit. Though the debt due from him was a negotiable promissory note, we understand that, before its negotiation to a third person, the promisor is, under the laws of Vermont, liable to be charged as the trustee of the promisee; but that if the maker of the note had notice of the transfer before the service, he would not be charged. Barney v. Douglass, 19 Verm. 98. Kimball v. Gay, 16 Verm. 131. Chase v. Haughton, 16 Verm. 594.
It is obviously just that,…
2Cases cited5 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
- Chase, Grew & Co. v. James Haughton & Co.Supreme Court of Vermont · 1844
- Barney v. DouglassSupreme Court of Vermont · 1846
- Kimball v. Gay & EdwardsSupreme Court of Vermont · 1844