Chase v. Perley
Massachusetts Supreme Judicial Court
Contract to recover a part of a trust fund. Writ dated August 21, 1886. An auditor to whom the case was referred reported in favor of the plaintiff. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, was as follows.
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Contract to recover a part of a trust fund. Writ dated August 21, 1886. An auditor to whom the case was referred reported in favor of the plaintiff. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, was as follows. The plaintiff introduced evidence tending to show that the defendant, the plaintiff, and William H. Perley were the only children of Joseph G. Perley, who died on April 19, 1883; that Joseph G., shortly before his death, gave to the defendant five thousand and fifty dollars, orally directing the defendant to deposit it in…
1Opinion of the CourtKnowlton, J.
An express trust in personal property may be created and proved by parol. Davis v. Coburn, 128 Mass. 377. There was evidence from which the jury might find that the defendant received the money from his father upon a trust for the plaintiff and others. There was also evidence that the trust had been so far performed that nothing remained to be done but to pay the plaintiff and her brother, William H. Perley, certain ascertained sums. Upon this evidence the plaintiff could maintain an action at common law, and was not obliged to seek relief in equity. Johnson v. Johnson, 120 Mass. 465. The…
2Cases cited2 opinions
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
3Cited by19 opinions
- Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
- Chance v. GrahamOregon Supreme Court · 1915
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