Chapman v. Mears

Supreme Court of Vermont
Chapman v. Mears, 56 Vt. 389 (Vt. 1883)
Taet

Chapman v. Mears

Opinion of the Court

The opinion of the court was delivered by

Taet, J.

The 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.

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

Reference

Full Case Name
TWITCHELL CHAPMAN & CO. v. A. W. MEARS, AND TRUSTEE, MARK MEARS
Cited By
1 case
Status
Published