Minchin v. Moore
Massachusetts Supreme Judicial Court
A. P. Cleveland and four others, who were summoned as trustees of the principal defendants, made their disclosure, in [ *91 ] answer to the usual interrogatory, to the * following effect, viz.: That, in June, 1811, the defendants, with divers other creditors of Hull &/■ Hyde, entered into an agreement, under their respective seals, to which the said Hull Hyde were parties, and thereby empowered the said Cleveland and others, as their agents, to receive from the said H. &/■…
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A. P. Cleveland and four others, who were summoned as trustees of the principal defendants, made their disclosure, in [ *91 ] answer to the usual interrogatory, to the * following effect, viz.: That, in June, 1811, the defendants, with divers other creditors of Hull &/■ Hyde, entered into an agreement, under their respective seals, to which the said Hull Hyde were parties, and thereby empowered the said Cleveland and others, as their agents, to receive from the said H. &/■ H. such sums of money as they should, from time to time, realize from their property, and to account for, and pay over,…
1Opinion of the Court
* Per Curiam.
The persons summoned as trustees in [ * 92 ] this action, acknowledging themselves the assignees of Hull Of Hyde, say that they engaged to collect and pay over their effects to their creditors pro rata, who, on their parts, engaged to receive no payment but through the hands of the said agents. The defendants were parties to that agreement, and have already received a dividend of the said effects; and the said agents have another dividend ready to pay over. On these facts no question could arise. They must be adjudged trustees. But one of the defendants filed his affidavit in the…
2Cases cited3 opinions
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
- Stackpole v. NewmanMassachusetts Supreme Judicial Court · 1808
- Whitman v. HuntMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Stackpole v. NewmanMassachusetts Supreme Judicial Court · 1808
- Whitman v. HuntMassachusetts Supreme Judicial Court · 1808
- Thompson v. DyerSupreme Judicial Court of Maine · 1905
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