Hale v. Foley

Decided January 15, 1875

Supreme Court of Vermont · decided 1875-01-15

Trustee Process. Foley owed Dixon $9.85, and gave him a claim of $10 against Nevins, to collect and give him credit for. Dixon made a writ on the claim, and sent it to Macomber, with instructions to serve it, unless Nevins paid him the $10, and $1 for the writ, and his fees; in which event Macomber was instructed to seúd the $10 to Dixon in a registered letter. Nevins paid Macomber the money; but before Macomber had time to send it to Dixon, he was trusteed in this suit.

Decided 1875-01-15

¶1 *262The opinion of the court was delivered by

Barrett, J.

¶2Eoley owed Dixon, the claimant; Nevins owed Eoley. Eoley put his claims against Nevins into Dixon’s hands for him to collect, and to credit the avails in payment of his debt against Eoley. Dixon employed Macomber, the trustee, to get the money of Nevins, and pay the same over to him — Dixon. Macomber got the money, and was then trusteed by the plaintiff in this suit. In the hands of Macomber, was that the money of Foley or of Dixon ? We answer, Dixon.

¶3The judgment is reversed, and judgment is rendered that the trustee be discharged with costs to him and to the claimant.