Cutter v. Perkins
Supreme Judicial Court of Maine
Assumpsit. The alleged trustee appeared and disclosed at the first term, denying that he had, at the time of the service of the plaintiff’s writ, any goods, effects or credits of the defendant in his hands or possession, but admitting that he was executor of the will of John Hovey, and, as such, had returned an inventory of his estate, and had sold the personal property, for which he had received about $1100. At subsequent terms, the alleged trustee made further disclosure,…
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Assumpsit. The alleged trustee appeared and disclosed at the first term, denying that he had, at the time of the service of the plaintiff’s writ, any goods, effects or credits of the defendant in his hands or possession, but admitting that he was executor of the will of John Hovey, and, as such, had returned an inventory of his estate, and had sold the personal property, for which he had received about $1100. At subsequent terms, the alleged trustee made further disclosure, in' answer to questions put to him by the plaintiff’s counsel, from which it appeared that, in October, 1857, he settled…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, O. J.
The trustee has presented a very elaborate argument, to convince the Court that he cannot be holden in his capacity of executor, as the trustee of the principal defendant, and that the opinions of courts, holding different views in their decisions, are not the law of the State.
It is hardly to be expected that we should enter into a minute analysis of the extended argument, notwithstanding it exhibits great research and ingenuity, and some of its criticisms of the reasoning of Judges, in opinions cited, may be just. And we do not regard it…
2Cases cited1 opinion
- New England Marine Insurance v. ChandlerMassachusetts Supreme Judicial Court · 1820
3Cited by8 opinions
- Loyal Erectors, Inc. v. Hamilton & Son, Inc.Supreme Judicial Court of Maine · 1973
- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
- Dolenty v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1910
- Isbell-Kent-Oakes Dry Goods Co. v. Larimer County Bank & Trust Co.Supreme Court of Colorado · 1924
- Graf v. WilsonOregon Supreme Court · 1912
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