Grant v. Goodrich, No. 804.

Docket NºNo. 804.
Citation199 A. 246
Case DateMay 03, 1938
CourtUnited States State Supreme Court of Vermont
199 A. 246

GRANT
v.
GOODRICH et al.

No. 804.

Supreme Court of Vermont. Orange.

May 3, 1938.


199 A. 246

Exceptions from Orange County Court; Charles B. Adams, Judge.

Action in general assumpsit by Fleda A. Grant against Ernest E. Goodrich and Raymond La Belle and another, trustees, for rent. The plaintiff had judgment in the justice of the peace court, and on appeal to the county court the action was amended into one of debt on a prior justice of the peace judgment secured against the defendants. Judgment was subsequently rendered against the defendant Ernest E. Goodrich, and a motion to discharge the trustees was granted, and the plaintiff brings exceptions.

Judgment affirmed.

Argued before POWERS, C. J., and SLACK, MOULTON, SHERBURNE, and BUTTLES, JJ.

Stanley L. Chamberlin, of Randolph, for plaintiff. Ernest E. Goodrich, of Randolph, pro se, and for intervener Phyllis E. Goodrich.

BUTTLES, Justice.

This is an action in general assumpsit brought on August 25, 1936, before a justice of the peace in which the plaintiff had judgment against the principal defendant and against the trustees summoned therein, the claim being for rent of an office accruing between December 1, 1934, and April 10, 1935. Appeal was taken to Orange county court, and at the June, 1937, term the action was amended into one of debt on a prior justice of the peace judgment secured against the defendant on April 11, 1935. Judgment was thereafter rendered at said term against the principal defendant, Ernest E. Goodrich, and a hearing was had on the motion of the defendant and his wife to discharge the trustees, which motion the court granted. The plaintiff brings the case to this court on exceptions to the granting of this motion, and to the exclusion of certain testimony offered by the plaintiff during the hearing and excluded by the court.

199 A. 247

The plaintiff complains that the court failed to file findings of fact developed at the hearing of this motion, although it does not appear that such findings were requested and no exception was taken to the failure to make and file findings. The nature and status of the motion to discharge the trustees are not altogether clear. The proceeding known as trustee process in our practice is purely statutory. A person summoned as trustee is required to appear before the court and make disclosure of the goods, chattels, rights, or credits of the principal defendant which he may have in his possession. P.L. 1775 provides that in lieu of such disclosure the person summoned as trustee may make a declaration setting forth such facts as he deems material and submit himself thereupon to a further examination on oath, and such declaration, with the further examination, if any, shall be sworn to. The principal defendant may secure the discharge of the trustee by filing a bond as provided by P.L. 1766 to 1770. But if the person summoned as trustee is not so discharged and makes no disclosure, he shall be adjudged a trustee and judgment may be rendered against him for the amount of damages and costs recovered by the plaintiff in the action. 1771 and 1772. The statute does not provide for trying the question of liability of the trustee to the principal defendant by motion to discharge the trustee.

The statute also outlines the procedure to be followed when it appears that the goods, effects or credits in the hands of a supposed trustee are claimed by another person. P.L. 1803 provides that when such claimant appears he may be admitted as party to the action for the purpose of maintaining his title to the goods, effects and credits in question, and such title shall be tried and determined in the same manner as the liability of the trustee. The document before us which is entitled "Motion to Discharge Trustees," purporting to be signed by Ernest E. Goodrich and Phyllis E. Goodrich, recites, among other things, that "the funds held by the...

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2 practice notes
  • Laird Properties New England Land Syndicate v. Mad River Corp., No. 78-72
    • United States
    • Vermont United States State Supreme Court of Vermont
    • April 11, 1973
    ...opportunity for it to consider the question. Gerety v. Poitras, 126 Vt. 153, 154, 224 A.2d 919 (1966); Grant v. Goodrich, 109 Vt. 462, 466, 199 A. 246 (1938); Wright v. Lindsay, 92 Vt. 335, 338, 104 A. 148 Laches also invokes prejudice, actual or implied, resulting from the delay alone but ......
  • State v. Gravelle, No. 1797
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 6, 1952
    ...of his objection to make it sufficiently explicit to apprise the trial court of the real point of it. Grant v. Goodrich, 109 Vt. 462, 469, 199 A. 246, and cases cited. In Davis, Adm'r v. Raymond, 103 Vt. 195, 199, 152 A. 806, 808, in which testimony of an experiment to test visibility of ce......
2 cases
  • Laird Properties New England Land Syndicate v. Mad River Corp., No. 78-72
    • United States
    • Vermont United States State Supreme Court of Vermont
    • April 11, 1973
    ...opportunity for it to consider the question. Gerety v. Poitras, 126 Vt. 153, 154, 224 A.2d 919 (1966); Grant v. Goodrich, 109 Vt. 462, 466, 199 A. 246 (1938); Wright v. Lindsay, 92 Vt. 335, 338, 104 A. 148 Laches also invokes prejudice, actual or implied, resulting from the delay alone but ......
  • State v. Gravelle, No. 1797
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 6, 1952
    ...of his objection to make it sufficiently explicit to apprise the trial court of the real point of it. Grant v. Goodrich, 109 Vt. 462, 469, 199 A. 246, and cases cited. In Davis, Adm'r v. Raymond, 103 Vt. 195, 199, 152 A. 806, 808, in which testimony of an experiment to test visibility of ce......

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