Dunham v. Blood
Massachusetts Supreme Judicial Court
Bill in equity, filed iu the Superior Court on August 18, 1910, against the trustee under the will of William R. Clark, of Boston, seeking to enforce the payment out of the trust estate of a promissory note payable to the plaintiff, dated August 14, 1905, for $274 and interest, which was signed as trustee in the name of the estate by William R. Clark, Jr., who at that time was the sole trustee under the will of his father, William R. Clark.
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Bill in equity, filed iu the Superior Court on August 18, 1910, against the trustee under the will of William R. Clark, of Boston, seeking to enforce the payment out of the trust estate of a promissory note payable to the plaintiff, dated August 14, 1905, for $274 and interest, which was signed as trustee in the name of the estate by William R. Clark, Jr., who at that time was the sole trustee under the will of his father, William R. Clark. In the Superior Court the case was heard by Hitchcock, J., who made the following memorandum of decision: “ On August 4,1905, the plaintiff at the request…
1Opinion of the CourtLobing, J.
When a trustee, even if he is authorized to do so, borrows money in behalf of his trust and gives a note as trustee, the note is his individual note, Fiske v. Eldridge, 12 Gray, 474, Towne v. Rice, 122 Mass. 67, Plimpton v. Goodell, 126 Mass. 119, and he has a remedy over- against the trust estate of which the note holder can avail himself. In the case at bar the fact that the note in question was signed “ Estate of William R. Clark, by William R. Clark, Jr., Trustee,” does not change this result; the note was the note of Clark. He had no *514authority to borrow money and so the plaintiff has no…
2Cases cited4 opinions
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Tuttle v. First National BankMassachusetts Supreme Judicial Court · 1905
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Plimpton v. GoodellMassachusetts Supreme Judicial Court · 1879
3Cited by14 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- National Shawmut Bank v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1945
- Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
- Turner v. MorsonMassachusetts Supreme Judicial Court · 1944
- Hamlen v. WelchCourt of Appeals for the First Circuit · 1940
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