Chapman v. Mears

56 Vt. 389

• Court: Supreme Court of Vermont
• Decided: October 15, 1883
• Status: Published

Opinion

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 owner; 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.