Stillings v. Young
Massachusetts Supreme Judicial Court
Scire facias on a judgment against one Turner and the defendants as trustees. Writ dated August 25,1891. At the hearing in the Superior Court, before Thompson, J., it appeared that the plaintiff on the first Monday of June, 1891, recovered judgment against one Turner, and that thereafter the defendants were adjudged trustees.
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Scire facias on a judgment against one Turner and the defendants as trustees. Writ dated August 25,1891. At the hearing in the Superior Court, before Thompson, J., it appeared that the plaintiff on the first Monday of June, 1891, recovered judgment against one Turner, and that thereafter the defendants were adjudged trustees. On June 17 execution issued against Turner and the defendants as his trustees, and payment thereof having been demanded of Turner and the defendant Glass, and by them refused, it was on August 15 returned into court unsatisfied. The defendants requested the judge to…
1Opinion of the CourtBarker, J.
The exceptions must be sustained because the answer of the defendants, that the money owing from them to Turner was due to him and one Rideout as copartners, was one which the defendants could make, and which must be regarded as true. Pub. Sts. c. 183, § 53. Varian v. New England Mutual Accident Association, 156 Mass. 1, 3, and cases cited. Bostwick v. Bass, 99 Mass. 469. That the debt was due to Turner and Rideout jointly as copartners was not matter of abatement, to be pleaded by the alleged trustees in the original action. They were not chargeable as trustees of Turner in respect of the…
2Cases cited2 opinions
- Bostwick v. BassMassachusetts Supreme Judicial Court · 1868
- Varian v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
3Cited by6 opinions
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- Battjes Fuel & Building Material Co. v. MilanowskiMichigan Supreme Court · 1926
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Badger Lumber Co. v. SternWisconsin Supreme Court · 1905
- Hersum v. HomseyMassachusetts District Court, Appellate Division · 1960
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