Foot v. Hunkins
Massachusetts Supreme Judicial Court
Trustee process. In the superior court, Charles C. Hunkins obtained leave to appear as claimant of a sum which was disclosed in the trustees’ answer as due from them on account of certain lumber which they bought from the principal defendant. At the trial, before Lord.
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Trustee process. In the superior court, Charles C. Hunkins obtained leave to appear as claimant of a sum which was disclosed in the trustees’ answer as due from them on account of certain lumber which they bought from the principal defendant. At the trial, before Lord. J., after the decision reported 14 Al« len, 15, the claimant, in opening his case to the jury, set up that this wood was cut from land purchased wi+h his own money; u and went on to say that the plaintiff raised a question of fraud and want of good faith in regard to the transaction;. ” and in this connection said further that…
1Opinion of the CourtHoar, J.
The evidence to which the claimant objected, though not of great weight, was competent for the purpose for which it was admitted at the trial, and the exceptions taken by the claimant to its admission must therefore be overruled.
A material question upon the issue between the plaintiff and ihe claimant was this, whether the land, and the wood taken from it which N. R Hunkins sold to the persons summoned as .tustees, were his property, or purchased with his money and held in trust for him, or whether they were the property of the claimant. In opening his case, the claimant stated to the jury in…
2Cited by2 opinions
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