Chapman v. Mears

Decided October 15, 1883

Supreme Court of Vermont · decided 1883-10-15

Trustee process. Commissioner’s report. Heard. March Term, 1883, Washington County, Redeield, J., presiding. Judgment that the trustee be discharged. The value of the goods turned ■over to the trustee was less than his debt against the principal defendant. The goods so turned out were attached on the writ; and after the attachment, but before a copy had been delivered to the principal def efidant, the trustee’s name was inserted in the writ.

Cited by 1 later decisions — most recently March 1927

1 state decisions

Relies on Corey v. Powers · Woodward v. Wyman

Good law ✅— No negative treatment on recordhow we know

Decided 1883-10-15

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¶1The opinion of the court was delivered by

Taet, J.

¶2The principal debtor ■ conveyed a stock of goods to the trustee, and in consideration the trustee promised to pay certain demands against the debtor, among them the plaintiff’s. We think this constitutes a credit in the hands of Mark Mears which can be reached by the trustee process. Corey v. Powers, 18 Vt. 587; Woodward v. Wyman, 53 Vt. 645. Before the arrangement Mark had a lien upon the goods as security for his claims against A. W. Mears. By it he became the absolute *390owner; so we think there was an ample consideration for his promise. The trustee’s name was inserted in the writ before-service upon the principal.defendant; he was therefore properly summoned. R. L., s. 1082.

¶3Judgment reversed, and judgment that the trustee is chargeable for the amount of the judgment.