Howell v. Freeman
Massachusetts Supreme Judicial Court
This was an action pending in the county of Cumberland, in which the only question brought before the Court was, whether Frye was trustee of Freeman. This question was argued at the last May term at Portland, and the action was continued nisi foi advisement.
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This was an action pending in the county of Cumberland, in which the only question brought before the Court was, whether Frye was trustee of Freeman. This question was argued at the last May term at Portland, and the action was continued nisi foi advisement. From the facts disclosed by Frye, in his answers to interroga tories, it appeared that at a Court of Common Pleas [ * 122 ] * holden on the third Tuesday of February, Anno Domini 1805, an action of covenant broken was pending, in which Freeman was plaintiff, and Frye defendant; that, at that term, the parties entered into a rule to submit…
1Opinion of the Court
At this term the opinion of the Court was delivered by
Parsons, C. J.
[who, after reciting the facts as before stated, proceeded.]
That the sum reported by the referees was a credit of Freeman’s in Frye’s hands is very clear, as it was a debt due before, but not liquidated until the report. But whether this credit was so situated as to be the subject of Howell’s attachment, is the great question.
The eighth section of the act, which authorizes the attachment of credits, provides that the taking of the goods, effects, and credits, out of the hands of the trustee, pursuant to that statute, shall…
2Cases cited5 opinions
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
- Locke v. TippetsMassachusetts Supreme Judicial Court · 1810
- Eunson v. HealyMassachusetts Supreme Judicial Court · 1806
3Cited by15 opinions
- Trowbridge & Jennings v. MeansSupreme Court of Arkansas · 1843
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
- Orange Hardware Co. v. RyanMassachusetts Supreme Judicial Court · 1930
- Brady v. LichterMassachusetts Supreme Judicial Court · 1951
- Stackpole v. NewmanMassachusetts Supreme Judicial Court · 1808
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