Hancock v. Colyer
Massachusetts Supreme Judicial Court
Trustee process. Chandler, Shattuck and Thayer, attorneys at law, the parties summoned as trustees, filed an answer, denying that they had goods, effects or credits of the principal defendants intrusted or deposited in their hands or possession at the time of service of the writ upon them, otherwise than as follows : that they then had in their hands a check for $513,069.60, drawn by Arthur W. Austin on a national bank in Boston, and payable to their order, which they had…
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Trustee process. Chandler, Shattuck and Thayer, attorneys at law, the parties summoned as trustees, filed an answer, denying that they had goods, effects or credits of the principal defendants intrusted or deposited in their hands or possession at the time of service of the writ upon them, otherwise than as follows : that they then had in their hands a check for $513,069.60, drawn by Arthur W. Austin on a national bank in Boston, and payable to their order, which they had not indorsed nor presented for payment, and had received under special instructions from Colyer, acting for himself and as…
1Opinion of the CourtColt, J.
The check of a third party payable to the order of the supposed trustee is not attachable by trustee process. It is not money, goods, effects or credits, in the sense of the statute. It may never be paid. The liability of the trustee to the prin*188cipal defendant is therefore contingent. If the transaction between the parties is such as to create a debt due absolutely whether the security held be good or not, the trustee would then be charged. Wood v. Partridge, 11 Mass. 488. Lupton v. Cutter, 8 Pick. 298. Meacham v. McCorbitt, 2 Met. 352. Lane v. Felt, 7 Gray, 491. It would seem that a check…
2Cases cited2 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Cypress Pond Draining Co. v. HooperCourt of Appeals of Kentucky · 1859
3Cited by17 opinions
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910
- Moors v. GoddardMassachusetts Supreme Judicial Court · 1888
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