Moors v. Goddard
Massachusetts Supreme Judicial Court
Trustee process. Richard Stone and another, summoned as trustees, appeared and filed an answer, and fully replied to interrogatories filed by the plaintiffs. A claimant of the funds in the hands of the trustees also appeared. Trial in the Superior Court, without a jury, before Mason, J., who ordered the trustees to be discharged, and allowed a bill of exceptions, in substance as follows.
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Trustee process. Richard Stone and another, summoned as trustees, appeared and filed an answer, and fully replied to interrogatories filed by the plaintiffs. A claimant of the funds in the hands of the trustees also appeared. Trial in the Superior Court, without a jury, before Mason, J., who ordered the trustees to be discharged, and allowed a bill of exceptions, in substance as follows. On September 28, 1886, at about eleven o’clock A. M., Mr. Stone received by mail from Washington a United States Treasury draft payable to the order of the principal defendant, which was indorsed by him by…
1Opinion of the CourtDevens, J.
While the question raised by the bill of exceptions, namely, whether the trustees are to be held has been argued before us and before the Superior Court between the plaintiffs and the claimant, it is really one between the plaintiffs and the trustees. A claimant is only concerned when it is ascertained that there are funds in the hands of the trustee originally belonging to the defendant, which, but for the assignment or other title which the plaintiff may have acquired, would be payable to him. An adverse claimant does not come into' court for the purpose of showing that there are no goods,…
2Cases cited6 opinions
- Hancock v. ColyerMassachusetts Supreme Judicial Court · 1868
- Ames v. McCamberMassachusetts Supreme Judicial Court · 1878
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1875
- Massachusetts National Bank v. BullockMassachusetts Supreme Judicial Court · 1876
- Clark v. GardnerMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Beal v. City of SomervilleCourt of Appeals for the First Circuit · 1892
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Salem Elevator Works, Inc. v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1925
- Boston-Continental National Bank v. Hub Fruit Co.Massachusetts Supreme Judicial Court · 1934
8 more not listed; retrieve them via the Exa API.