Staples v. Staples
Supreme Judicial Court of Maine
The question in this case was upon the liability of Mr. Adams, an attorney and counsellor of this court, as the trustee of Jacob Staples, the defendant. He had prosecuted a suit, and obtained execution, in favor oí Jacob, against Jeremiah Staples, the present plaintiff; who paid the amount to Mr. Adams, as the creditor’s attorney, and in about ten minutes afterwards caused him to be summoned in this suit as the trustee of Jacob.
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The question in this case was upon the liability of Mr. Adams, an attorney and counsellor of this court, as the trustee of Jacob Staples, the defendant. He had prosecuted a suit, and obtained execution, in favor oí Jacob, against Jeremiah Staples, the present plaintiff; who paid the amount to Mr. Adams, as the creditor’s attorney, and in about ten minutes afterwards caused him to be summoned in this suit as the trustee of Jacob. The money was paid to him in bank bills, solely in his capacity of attorney in the suit; and no demand of the money had been made on him hy the creditor, previous to…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the court.
It was decided in Maine Fire and Marine Insurance Company v. Weeks & als. & trustees 7 Mass. 438, that promissory notes, and in Perry v. Coates 9 Mass. 537, that promissory notes and bank bills, in the hands of the supposed trustee, belonging to the principal debtor, did not render the trustee chargeable under the *533statute relating to the subject. But the present case differs from those, inasmuch as Mr. J.Mams states in his disclosure that he, as the attorney of Staphs the defendant, received of the plaintiff the bank bills in question in full…
2Cases cited8 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Brooks v. CookMassachusetts Supreme Judicial Court · 1811
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Barnes v. TreatMassachusetts Supreme Judicial Court · 1811
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Webster Wagon Co. v. Home InsuranceWest Virginia Supreme Court · 1885