Porter v. Stevens
Massachusetts Supreme Judicial Court
This action was tried in this court before Dewey, J. The only question involved was the liability of the supposed trustees. Hubbell Smith, one of the supposed trustees, appeared and declared that he had not in his hands and possession, at the time when the writ was served upon him, any goods, effects, or credits of the principal defendants.
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This action was tried in this court before Dewey, J. The only question involved was the liability of the supposed trustees. Hubbell Smith, one of the supposed trustees, appeared and declared that he had not in his hands and possession, at the time when the writ was served upon him, any goods, effects, or credits of the principal defendants. Being reexamined on this answer, his examination thereon gave rise to the only question in the present case, but the particular facts of the answer are not material to the understanding of the case. 1. The trustee must be holden, unless sufficient matter…
1Opinion of the Court
Cushing, 'J.
The inquiry in this case is, whether Hubbell Smith, on his own answers, and on the deposition of Edward F. Ensign, is to be charged as the trustee of Jonathan C. Stevens.
The investigation of this general question has brought into view several questions, secondary to the main one; all which, however, are concluded, as the court think, by considerations which lie upon the surface.
The decision of the main inquiry in the case, depends on the rule of construction to be applied to the answers of a supposed trustee. In regard to this point, misconception appears to exist, arising from…
2Cases cited4 opinions
- Commonwealth v. McCreadyCourt of Appeals of Kentucky · 1859
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
- Patterson v. BuckminsterMassachusetts Supreme Judicial Court · 1817
- Webster v. GageMassachusetts Supreme Judicial Court · 1807
3Cited by1 opinion
- Rubin v. Islamic Republic of IranDistrict Court, D. Massachusetts · 2011