Cobb v. Rice
Massachusetts Supreme Judicial Court
Bill of interpleader, filed May 27, 1876, against James W. Rice and Augustus E. Scott, the assignees in bankruptcy of Ezra D. Winslow, and against Sarah J. Winslow and Julia E. Ayres, alleging that the plaintiff, in his capacity of Mayor of the city of Boston, on March 5, 1876, received from the Consul oi the United States at Rotterdam, Holland, certain personal property consisting of bonds of the United States, certificates of shares of the capital stock of several mining…
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Bill of interpleader, filed May 27, 1876, against James W. Rice and Augustus E. Scott, the assignees in bankruptcy of Ezra D. Winslow, and against Sarah J. Winslow and Julia E. Ayres, alleging that the plaintiff, in his capacity of Mayor of the city of Boston, on March 5, 1876, received from the Consul oi the United States at Rotterdam, Holland, certain personal property consisting of bonds of the United States, certificates of shares of the capital stock of several mining companies, and a bill of exchange, together with a letter from the Consul stating that the property had been delivered to…
1Opinion of the CourtMorton, J.
The defendants, Sarah J. Winslow and Julia E. Ayres, delivered the property involved in this suit to the Chief Commissioner of Police of Rotterdam, who, with their consent, placed it in the hands of the American Consul at Rotterdam. The fair conclusion from all the evidence is that this was done voluntarily; and that it was put in the hands of the Consul, not as the agent or trustee of the said defendants, but to be held for the real owner. The Consul transmitted the property, in February 1876, to the plaintiff, who was then the Mayor of Boston. After it came to his hands, it was claimed by…
2Cases cited1 opinion
- Bowditch v. SoltykMassachusetts Supreme Judicial Court · 1868
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