Norton v. Ray
Massachusetts Supreme Judicial Court
Contract, against the executrix of the will of Isaiah C. Ray, for money had and received. Writ dated May 12, 1883. The declaration also contained a count in tort, as follows: “ The plaintiff says the defendant’s testator, in his lifetime, made a declaration of trust, a copy whereof is hereto annexed, whereby he undertook and agreed to hold the property therein described for the benefit of the plaintiff, and to deed the same to him, his heirs and assigns, or to dispose of the…
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Contract, against the executrix of the will of Isaiah C. Ray, for money had and received. Writ dated May 12, 1883. The declaration also contained a count in tort, as follows: “ The plaintiff says the defendant’s testator, in his lifetime, made a declaration of trust, a copy whereof is hereto annexed, whereby he undertook and agreed to hold the property therein described for the benefit of the plaintiff, and to deed the same to him, his heirs and assigns, or to dispose of the same when and for his best advantage. And the said testator fraudulently, secretly, and without the knowledge or…
1Opinion of the CourtW. Allen, J.
The plaintiff’s only remedy is in equity. The case discloses a trust, and cannot be brought within the decisions in which it has been held that an action for money had and received will lie against a trustee by a cestui que trust to recover a liquidated sum due to him under the trust. Johnson v. Johnson, 120 Mass. 465, and cases cited. Davis v. Coburn, 128 Mass. 377. Judgment for the defendant.
2Cases cited2 opinions
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1890
- Taft v. StowMassachusetts Supreme Judicial Court · 1899
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- Cavanagh v. O'ConnorSupreme Court of Iowa · 1922
- Herrick v. SnowSupreme Judicial Court of Maine · 1900
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