Avery v. Monroe
Massachusetts Supreme Judicial Court
Trustee process. The writ was dated March 27, 1896, and was served on the trustee on March 28, 1896. The conveyance referrred to in the opinion was executed on March 25, 1896. Dewey, J. charged the trustee on his answers to the plaintiffs’ interrogatories, and the trustee alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
At the time of the service of the writ in this action the person sought to be charged as trustee had accepted from the principal defendants a conveyance of all their property not exempt from attachment, consisting mainly of machinery, supplies and stock on hand in a shoe factory, and book accounts, in trust for the defendants’ creditors, but had done nothing about *133taking possession of the property. No creditors appear to have become parties to the deed. The question before us is whether these facts warranted the Superior Court in charging the trustee.
The title had passed as between the…
2Cases cited2 opinions
- Mechanics' Savings Bank v. WaiteMassachusetts Supreme Judicial Court · 1889
- Glenn v. Boston & Sandwich Glass Co.Court of Appeals of Maryland · 1854
3Cited by2 opinions
- Mosher v. MosherMassachusetts Supreme Judicial Court · 1936
- In re Rice Chocolate Co.District Court, D. Massachusetts · 1941