Emery v. Bidwell
Massachusetts Supreme Judicial Court
Bill in equity, filed January 17, 1884, against David H. Bidwell, and Nathan W. Harris, administrator of the estate of Henry A. Bidwell, alleging the following facts: On January 1,1881, David H. Bidwell made four promissory notes, payable, with interest, in six, eight, ten, and twelve months after date, respectively, to the order of Comstock, Castle, and Company.
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Bill in equity, filed January 17, 1884, against David H. Bidwell, and Nathan W. Harris, administrator of the estate of Henry A. Bidwell, alleging the following facts: On January 1,1881, David H. Bidwell made four promissory notes, payable, with interest, in six, eight, ten, and twelve months after date, respectively, to the order of Comstock, Castle, and Company. These notes, amounting in all to $1658, were indorsed by the payees to the plaintiff, and the defendant Bidwell owes the plaintiff the amount thereof, with interest. The defendant Bidwell is the son of Henry A. Bidwell, who died…
1Opinion of the CourtC. Allen, J.
The remedy which the statutes furnish to a creditor, by way of trustee process, is subject to the express statutory limitation, that “ the answers and statements sworn to by a trustee shall be considered as true in deciding how far he is chargeable, but either party may allege and prove any facts, not stated nor denied by the trustee, that may be material in deciding that question.” Pub. Sts. c. 183, § 17. In construing the similar provision in earlier statutes, it has been held in several cases that facts stated upon information and belief, in the answers of a trustee, are to be conclusively…
2Cases cited4 opinions
- Gaines' administratrix v. PoorCourt of Appeals of Kentucky · 1861
- First National Bank of Clinton v. BrightMassachusetts Supreme Judicial Court · 1879
- Nutter v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
- Vantine v. MorseMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Hoshor-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1906
- Geist v. City of St. LouisSupreme Court of Missouri · 1900
- Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910
- Amy v. ManningMassachusetts Supreme Judicial Court · 1889
- Venable v. RickenbergMassachusetts Supreme Judicial Court · 1890
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