Sebor v. Armstrong
Massachusetts Supreme Judicial Court
The only question in this action was, whether Mr. Winthrop should be adjudged the trustee of the defendant Armstrong upon the following disclosure made by him at the Common Pleas in July last. “ And now the said Thomas L. Winthrop, in his own proper person, cometh into court, and for answer to the plaintiff’s writ aforesaid, saith, that before the month of January, [ * 207 ] * 1800, Messrs.
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The only question in this action was, whether Mr. Winthrop should be adjudged the trustee of the defendant Armstrong upon the following disclosure made by him at the Common Pleas in July last. “ And now the said Thomas L. Winthrop, in his own proper person, cometh into court, and for answer to the plaintiff’s writ aforesaid, saith, that before the month of January, [ * 207 ] * 1800, Messrs. George Storer and Charles Buljinch were indebted to Benjamin Winthrop, of New York, Esquire, in a large sum of money, which debt was committed to me to collect ; and I received of the said Storer and…
1Per curiam
We are called upon to decide if Mr. Winthrop shall, upon the facts disclosed by him on his examination, be adjudged the trustee of Armstrong.
By the third section of the statute of 1794, c. 65, which gives this process, any person summoned as a trustee shall be so adjudged, unless he declare on oath that he had no goods, effects, or credits, of the principal, when the writ was served on him.
By the twelfth section it is provided, among other things, that no person shall be adjudged a trustee, on account of his having accepted any negotiable security.
[*208] *Mr. Winthrop, on his examination,…
2Cited by8 opinions
- Mason v. WhiteNew York Supreme Court · 1851
- United States v. LangtonU.S. Circuit Court for the District of Massachusetts · 1829
- Chapman v. DearmanCourt of Appeals of Texas · 1915
- Webster v. GageMassachusetts Supreme Judicial Court · 1807
- Gordon v. CoolidgeU.S. Circuit Court for the District of Maine · 1833
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