35 Vt. 360 | Vt. | 1862
In the case of Noyes v. Brown and trustee, 33 Vt. 431, it was held that an assignment of a chose in action by words, without writing, operates as an equitable transfer of it, and, when followed by notice thereof, from the assignee to the debtor, will be protected and enforced by courts of law, against a subsequent attachment by trustee process.
It is claimed by the plaintiff that no .assignment by Watts, the principal defendant, of the effects and credits in the hands of Choate, the trustee, to Sargeant, the claimant, was ever consume mated, and that the facts only show an agreement to assign at some future time ; but we think that the commissioner’s report does not sustain this claim. The report finds that Watts, in an interview with Sargeant, “ agreed to transfer to him his interest in the previous year’s business with Choate.” This statement,
The plaintiff also claims that there was no notice to the trustee of this transfer or assignment by Watts to Sargeant. The facts and finding of the commissioner above referred to, show that the notice to the trustee was clearly sufficient in its terms. But it is insisted that it was ineffectual because it proceeded from Watts, and not from "the claimant; and the case of Webster v. Moranville and trustee, 30 Vt, 701, is cited in support of this position. We have no disposition to qualify the rule upon this subject, which was adopted in that case, or to recede from it in any respect. It appears in this case that, the notice to the trustee was given by Watts, in the presence of the claimant, and without objection from him. His silence, under these circumstances, in connection with the other facts found by the commissioner, was equivalent to an adoption of the act by him ; and the commissioner and the county court wore justified in inferring from these facts that the notice was given with his approbation, and by his procurement. This would bring the
The judgment of the county court that the trustee is not chargeable as the trustee of the principal defendant, and that the fund in his hands belongs to the claimant, is affirmed.