Clark v. King
Massachusetts Supreme Judicial Court
Williams, the *rustee, disclosed, upon his examination, that, prior to the semee of the summons upon him in this action, * which was on the 31st December, 1806, for [*525 ] a valuable consideration he had given to King, the principal debtor, a promissory note, payable to the bearer, for 250 dollars, payable in West Indian and English goods, at a time certain, posterior to the service of the summons.
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Williams, the *rustee, disclosed, upon his examination, that, prior to the semee of the summons upon him in this action, * which was on the 31st December, 1806, for [*525 ] a valuable consideration he had given to King, the principal debtor, a promissory note, payable to the bearer, for 250 dollars, payable in West Indian and English goods, at a time certain, posterior to the service of the summons. The question, upon this statement, was whether Williams was, in virtue of this note, the trustee of King.
1Opinion of the Court
By the Court.
Williams, having no credits of King in his hands, — unless by virtue of the note given by him, dated December 8, 1806, and payable to bearer, for 250 dollars payable in West Indian and English goods, on the 15th of March, 1807, which he made and delivered to him for a valuable consideration, — relies, for his discharge as trustee, on the twelfth section of the statute providing and regulating foreign attachments, passed February 28, 1795, which provides that no person shall be adjudged a trustee on account of his having made, given, endorsed, negotiated, or accepted, any…
2Cases cited3 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Stores v. WhiteMassachusetts Supreme Judicial Court · 1811
3Cited by3 opinions
- President of the Northampton Bank v. AllenMassachusetts Supreme Judicial Court · 1813
- Carleton v. BrooksSuperior Court of New Hampshire · 1843
- Greeley v. QuimbySuperior Court of New Hampshire · 1851