White Mountain Bank v. Presbury West
Supreme Judicial Court of Maine
Reported by Dayis, J., April Term, 1858. The trustees in this case, Messrs. Patten & Hamlin, received a quantity of lumber of West, Morse & Co., a firm doing business in the State of New Hampshire, upon which they made certain advances. For these advances they were to be reimbursed out of the proceeds of the lumber, when it should be sold.
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Reported by Dayis, J., April Term, 1858. The trustees in this case, Messrs. Patten & Hamlin, received a quantity of lumber of West, Morse & Co., a firm doing business in the State of New Hampshire, upon which they made certain advances. For these advances they were to be reimbursed out of the proceeds of the lumber, when it should be sold. They afterwards sold the lumber, and received therefor, over and above all expenses, about seven hundred dollars more than enough to reimburse them for their advances. This sum they held, and were ready to pay to whatever party was legally entitled to…
1Opinion of the Court
The opinion of the Court was delivered by
Davis, J.
Messrs. Hamlin and Patten have been summoned as trustees, and have disclosed, in each of the above cases. Carleton claims the funds in their hands as belonging to him, and has been admitted by the Court as a party, for that purpose. The several plaintiffs have filed allegations, according to the statute; and they, and Carleton, have taken testimony to support their respective claims. The principal defendants have been defaulted.
It is said in argument that Whipple’s case is not before us. And it is true that each of the three cases is distinct…
2Cited by15 opinions
- Maier v. FreemanCalifornia Supreme Court · 1896
- Minneapolis Threshing Machine Co. v. CalhounSouth Dakota Supreme Court · 1916
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
- Carr v. BrawleySupreme Court of Oklahoma · 1912
- First Nat. Bank & Trust Co. of Oklahoma v. Stock Yards Loan Co.Court of Appeals for the Eighth Circuit · 1933
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