Lewis v. Ross
Supreme Judicial Court of Maine
On Facts agreed. Scire Facias, against defendant, as trustee of one Janies Warren. At the return term of the writ in the original suit, the defendant made a disclosure, was charged as trustee, and judgment obtained in that suit for $111,91, damages, and $89,83, costs.
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On Facts agreed. Scire Facias, against defendant, as trustee of one Janies Warren. At the return term of the writ in the original suit, the defendant made a disclosure, was charged as trustee, and judgment obtained in that suit for $111,91, damages, and $89,83, costs. The execution issued on the judgment was committed to an officer who demanded of the defendant within thirty days after the judgment, the goods, effects and credits of Warren in his hands, wherewith to satisfy the execution. The defendant paid over $11,15, which was indorsed on the execution, claiming to hold $11,60, for his…
1Opinion of the CourtHoward, J.
— The defendant was adjudged trustee of Warren, and this suit is brought to determine the amount for which he was accountable upon his disclosure. By that it appears, that the defendant had contracted for “ a lot of hay, two cows, and yoke of steers” with the principal, and “ was to send for the hay, cows and steers, and pay for the same when delivered.” Before the service of the trustee process upon him, he had sent for and received a portion of the hay, for which he had made payment in part. Neither the remaining portion of the hay, nor the cows or the steers, were delivered or received…
2Cases cited1 opinion
- President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821
3Cited by18 opinions
- Kaufman v. ShainCalifornia Supreme Court · 1896
- Wilson v. Town of HandsboroMississippi Supreme Court · 1911
- Grover v. HawthorneOregon Supreme Court · 1911
- Moerecke v. BryanIndiana Supreme Court · 1915
- Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
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