Maine Fire & Marine Insurance v. Weeks
Massachusetts Supreme Judicial Court
The persons summoned in this case, as the trustees of the defendant Weeks, having severally sundry demands against him, and having, as his sureties, executed bonds to the United States, for duties on merchandise imported by him, had received from him a conveyance of sundry effects to be by them appropriated for discharging their demands and indemnifying them against those bonds Afterwards, those effects being apprehended to be insufficient for the purposes for which they had…
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The persons summoned in this case, as the trustees of the defendant Weeks, having severally sundry demands against him, and having, as his sureties, executed bonds to the United States, for duties on merchandise imported by him, had received from him a conveyance of sundry effects to be by them appropriated for discharging their demands and indemnifying them against those bonds Afterwards, those effects being apprehended to be insufficient for the purposes for which they had been conveyed, Weeks delivered to them two promissory notes payable to him and another, or order, and endorsed in blank…
1Opinion of the Court
By the Court.
These promissory notes were assigned to the supposed trustees as a further indemnity, if needed. It appears that they were not needed, and the defendant had a right to reclaim them. But, to charge the trustees, it is necessary that the principal have a cause of action against them, or the trustees must have personal chattels in possession, belonging to the principal, capable of being seized and sold upon execution. Negotiable notes are not such chattels. The defendant Weeks had no cause of action against these trustees on account of the notes, until a demand by him, and a refusal…
2Cited by27 opinions
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Kettle v. HarveySupreme Court of Vermont · 1849
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
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