Watson v. Todd
Massachusetts Supreme Judicial Court
The principal question submitted to the Court in this case was, whether Thornton, from his answers to the interrogatories put to him, was to be adjudged trustee of the principal defendants, Todd Worthley.
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The principal question submitted to the Court in this case was, whether Thornton, from his answers to the interrogatories put to him, was to be adjudged trustee of the principal defendants, Todd Worthley. It appears from the answers of Thornton, that he is the marshal of the United States for the district of Maine, and that, having seized sundry goods of the defendants to satisfy five executions, which he then held against them at the suit of the United States, he' regularly sold them at auction, and after satisfying the executions and his own fees, with the expenses incident to the sale,…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
A question is made on the part of the plaintiffs, whether Thornton is chargeable for the balance he states to remain in his hands, or for the unlawful conversion of some of the goods seized.
* This must depend on the fact, whether the marshal [ * 273 ] acted wantonly, and seized goods which he had no good cause to believe were necessary to satisfy the execution he held, or acted fairly, and from the benefit of a favorable sale, a balance of cash accidentally remained in his hands. In this case the officer swears that he acted honestly and…
2Cases cited2 opinions
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
- Thompson v. MarshMassachusetts Supreme Judicial Court · 1817
3Cited by17 opinions
- Lightner v. SteinagelIllinois Supreme Court · 1864
- Moore v. GravesSuperior Court of New Hampshire · 1826
- Burroughs v. WrightSupreme Court of Vermont · 1844
- Congdon v. CooperMassachusetts Supreme Judicial Court · 1818
- Matthis v. PollardSupreme Court of Georgia · 1847
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