Stackpole v. Newman
Massachusetts Supreme Judicial Court
In this action, the only question agitated was, whether Munson was the trustee of Thun and Newman, the principal defendants.
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In this action, the only question agitated was, whether Munson was the trustee of Thun and Newman, the principal defendants. The facts disclosed by Munson, in his answer to the interrogatories put by the plaintiff, were, in substance, — that he received, in the autumn of 1805, from Thun and Newman, merchants of Philadelphia, a consignment of seventeen hogsheads of molasses, with a bill of lading and invoice enclosed in a letter, stating the shipment to be for the account and risk of Joseph Hill, from whom also he received a letter at the same time, in which he refers to the shipment, and…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
[After a brief statement of the answers given to the interrogatories put by the plaintiff.] The statute, on which this process is founded, confines the Court, in giving judgment, to the answers of the trustee on oath, and it has been frequently determined that no other evidence can be admitted. We have, therefore, to consider whether the contents of the exhibit, the supposed letter from Hill to Newman, are to stand as facts disclosed by the answer of the trustee.
It appears from the answer, that the trustee - claims to hold the…
2Cases cited5 opinions
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- United States v. LangtonU.S. Circuit Court for the District of Massachusetts · 1829
- Locke v. TippetsMassachusetts Supreme Judicial Court · 1810
- Minchin v. MooreMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
- Minchin v. MooreMassachusetts Supreme Judicial Court · 1814
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Sleeper v. WeymouthSuperior Court of New Hampshire · 1852
- Rundlet v. JordanSupreme Judicial Court of Maine · 1824
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