Public-domain · open source
OpenJurist

29 Vt. 330

Scofield v. White

Supreme Court of Vermont

Decided March 15, 1857

Supreme Court of Vermont · decided 1857-03-15

Trustee process. The county court, December Term, 1856,— Underwood, J., presiding, — upon the report of the commissioner, adjudged Azro White chargeable for a silver watch in bis possession belonging to the principal defendant, and for tbe sum of twelve dollars due from him to the principal defendant, to which the said Azro White excepted. The ground of his exception is sufficiently stated in the opinion of the court.

Relies on Hitchcock v. Egerton · Wilder v. Eldridge

Good law ✅— No negative treatment on recordhow we know

Decided 1857-03-15

How this case has been cited

Cited by 3 later decisions — most recently January 1922

1 district · 2 state decisions

1018571860187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1By the court,

Redfield, Ch. J.

¶2I. In regard to Azro White it is said he cannot be holden because he was not of full age at the time of the service of the trustee process. But this fact is not found by the commissioner or by the county court. It probably appears in the course of the disclosure, which was not read, but we no where perceive any intimation that the commissioner or the county court find all the facts true which are stated in the disclosure.

¶3But if this fact were made to appear, the trustee is still liable, even while an infant, for personal property in possession, and for any debt he may owe the principal debtor for necessaries ; Wilder v. Eldridge, 17 Vt. 226. And nothing appears in the present case to show that the balance of account was not for necessaries. The judgment as to this trustee must, therefore, be affirmed.

¶4II. In regard to Thomas we need decide but one point. He is charged on the ground of having in his hands “money and *332promissory notes taken for money to the amount of eight thousand dollars,” but how much of each does not appear. Nor does it appear that the money for which the notes are taken has been in the trustee’s possession since the service of the process. It is well settled that one cannot be charged as trustee on the ground of having securities for money in his hands; Hitchcock v. Edgerton, 8 Vt. 202.

¶5Upon this ground the case must be reversed and remanded.

¶6Judgment as to Thomas reversed and case remanded.

/29/vt/330 · .json · Public domain