St. Germain v. Tuttle
| Decision Date | 08 January 1946 |
| Docket Number | No. 1042.,1042. |
| Citation | 45 A.2d 202 |
| Parties | ST. GERMAIN v. TUTTLE et al. |
| Court | Vermont Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Chancery Court, Rutland County; Hughes, Chancellor.
Suit for accounting by Dion St. Germain, administrator of the estate of Mary S. St. Germain, deceased, against Riford Tuttle, Advent Christian Church and Stella Strubbe, alleging improper investment of trust funds by first named defendant. So much of the decree as denied and dismissed the prayer in the answer of defendant Advent Christian Church was reversed upon exceptions of such defendant, 114 Vt. 263, 44 A.2d 137, and a decree entered that defendant Tuttle pay to defendant Advent Christian Church, a specified sum. On motion of defendant Advent Christian Church to bring the case forward and for a close jail execution against defendant Tuttle to enforce performance of such decree.
Motion granted.
Hanford G. Davis and Vernon J. Loveland, both of Rutland, for plaintiff.
Lawrence & O'Brien, of Rutland, for defendant Tuttle.
Asa S. Bloomer, of Rutland, for defendant Advent Christian Church.
Leon M. Layden, of Whitehall, N. Y., for defendant Strubbe.
Before MOULTON, C. J., and SHERBURNE, BUTTLES and STURTEVANT, JJ.
At the October Term, 1945, of this Court, it was ordered and decree that defendant Tuttle pay to the Advent Christian Church the sum of $3,000 with interest at 6% from October 8, 1942, and its costs. See 114 Vt. 263, 44 A.2d 137. At the Special Term in Rutland in November, 1945, the Advent Christian Church moved for a close jail execution against defendant Tuttle to enforce performance of such decree. After hearing the parties, and in the exercise of our discretion, the case was ordered to be brought forward, and the entry order made at the October Term, 1945, was vacated, and a new entry in like terms was made, and at the time of such entry, it appearing to the Court that defendant Tuttle intentionally diverted and misapplied the said sum of three thousand dollars held in trust, it was adjudged that the cause of action arose from the wilful and malicious act and neglect of said Tuttle, and that he ought to be confined in close jail, and that execution may issue against his body, with a certificate thereon to such effect.
The court of chancery has the power in proper cases to enforce its decrees by execution against the body, P.L. 1316, and under P.L. 2196 may grant a close jail execution for the recovery of money or property held in trust or in a fiduciary capacity. Lyon v. Prescott, 103 Vt. 442, 446, 156 A. 679. Since the facts of record recited in the original opinion show that Tuttle intentionally diverted and misapplied the trust money, the Advent Christian Church was entitled to a close jail execution as a legal right. Healy, Adm'r, v. Moore, 108 Vt. 324, 350, 351, 187 A. 679; Lyon v. Prescott, supra, 103 Vt. at page 447, 156 A. 679; Styles v. Shanks, 46 Vt. 612, 616. And since the decree below denying and dismissing the prayer...
To continue reading
Request your trial
-
Gould v. Towslee
...the statute. This adjudication is not discretionary. In re Thompson, 111 Vt. 7, 13, 9 A.2d 107, and cases cited. St. Germain's Adm'r v. Tuttle, 114 Vt. 348, 350, 45 A.2d 202; Adams v. Wait, 42 Vt. 16, 23. In cases under § 2246, whether the certificate is granted, and to what extent, must re......
- St. Germain's Admr. v. Riford Tuttle Et Als
-
Couture v. Lowery
...for requesting such relief had passed, in the absence of a motion to strike off the original judgment order. See St. Germain's Admr. v. Tuttle, 114 Vt. 348, 45 A.2d 202; same case, 114 Vt. 263, 44 A.2d The defendants elected to present their motion to the lower court. We stated, in Turner v......
- Calvin McCutcheon v. Roy H. Leonard