Knight v. Bowley
Massachusetts Supreme Judicial Court
• Trustee process. Writ dated July 14,1874. Charles E. Morrison, summoned as trustee, answered, denying that at the time of service on . him he had in his hands or possession any goods, effects or credits of the principal defendants, unless he was chargeable upon the following facts: “ The principal defendants were owners of a part of the steamboat George Shat-tuck, of which the trustee also owned a part.
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• Trustee process. Writ dated July 14,1874. Charles E. Morrison, summoned as trustee, answered, denying that at the time of service on . him he had in his hands or possession any goods, effects or credits of the principal defendants, unless he was chargeable upon the following facts: “ The principal defendants were owners of a part of the steamboat George Shat-tuck, of which the trustee also owned a part. The trustee, acting for himself and the other owners of said steamboat, sold the same, and in payment therefor received, on the day of the service of said writ on him, the check of Williams…
1Opinion of the CourtMorton, J.
The alleged trustee had in his hands a check of a third party payable to his order, which had not been paid at the time of the service of the plaintiff’i writ, and which, by the terms on which he received it, was not then presentable. He is not chargeable for this. Hancock v. Colyer, 99 Mass. 187.
The plaintiffs claim that he is chargeable because he agreed not to present the check for payment until after twelve and a half o’clock of the day of its date. If the effect of this agreement was to create a debt due absolutely to the principal defendants, the alleged trustee would be chargeable. But…
2Cases cited1 opinion
- Hancock v. ColyerMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Foster v. SingerWisconsin Supreme Court · 1887
- Midway Five Oil Co. v. Citizens National BankCalifornia Court of Appeal · 1914
- Fuller v. O'BrienMassachusetts Supreme Judicial Court · 1877
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