Hancock v. Colyer
Massachusetts Supreme Judicial Court
Trustee process. Chandler, Shattuck & Thayer, attorneys at law, the parties summoned as trustees, filed an answer, denying that they had goods, effects or credits of the principal defendants intrusted or deposited in their hands or possession at the time of service of the writ upon them, otherwise than as follows: that they then had in their hands a certificate of deposit of the First National Bank of Boston, in the following form : “ $12,727.43. First National Bank.
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Trustee process. Chandler, Shattuck & Thayer, attorneys at law, the parties summoned as trustees, filed an answer, denying that they had goods, effects or credits of the principal defendants intrusted or deposited in their hands or possession at the time of service of the writ upon them, otherwise than as follows: that they then had in their hands a certificate of deposit of the First National Bank of Boston, in the following form : “ $12,727.43. First National Bank. Boston, Mass., February 4, 1867. Chandler, Shattuck & Thayer have this day deposited in this bank twelve thousand seven hundred…
1Opinion of the CourtGray, J.
In the former suit between these parties, the trustees were discharged, because at the time of the service upon them they had nothing in their hands or possession but a check payable to their order, for the amount of which they were not absolutely liable to the principal defendants. Hancock v. Colyer, 99 Mass. 187. But the amount of that check was afterwards collected by the trustees in money, and deposited, subject to their own order, in the bank, and there remained, liable to be immediately drawn out by them, at the time of the service of this process. They, then, and not the bank, were the…
2Cases cited2 opinions
- Hancock v. ColyerMassachusetts Supreme Judicial Court · 1868
- Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910
- Moors v. GoddardMassachusetts Supreme Judicial Court · 1888
- Chase v. ThompsonMassachusetts Supreme Judicial Court · 1891
- Royal Bank of Canada v. GirardSupreme Court of Vermont · 1927