47 Vt. 457 | Vt. | 1874
The opinion of the court was delivered by
As this case is here understood, the defendant was himself a party to the submission to Judge Underwood. Having made that submission, he is bound by the decision, not because he had any authority to submit claims of the assignee, nor because Judge Underwood had any authority as register over the question, but because he could submit his own claim to arbitration, and Judge Underwood had authority as an arbitrator. The right of the defendant to have the avails of the Morse claim go in satisfaction of the plaintiff’s demand, was decided against the defendant, and the plaintiff thereby lost all benefit of the avails, and his claim was left unsatisfied, the same as if he never had received them.
When the defendant sold the oxen, he did it in fraud of the plaintiff ’s right to them. The plaintiff had entrusted'him with them, and this disposition of them in that way, was a breach of the trust the plaintiff had placed in him. The plaintiff’s claim in controversy in this case, is founded upon that breach of trust, and this claim, even if it had been proved in the bankruptcy proceedings, would have been saved from being barred, by the provisions of the 33d section of the bankrupt act.
By the contract of conditional sale between the plaintiff and the
There was no exception taken upon the subject of damages, and it is not necessary to consider whether the amount of the dividend on the plaintiff’s claim, tendered by the assignee, should have operated as a satisfaction of so much of the plaintiff’s debt ; nor is it necessary to consider whether plaintiff’s measure of damages should have been limited to the amount due on his debt.
Judgment affirmed.