Goodell v. Buck
Supreme Judicial Court of Maine
. Bill in equity, submitted upon tbe following agreed statement of facts : Tbe complainant, Richard P. Buck, of Brooklyn, New York, is, and has been for some years past, the owner of 3-16 of the ship Mary Goodell. During the five years next prior to March 9, 1876, William McGilvery, late of Searsport, deceased, was agent of the ship Mary Goodell, and* in that capacity received the earnings for the owners.
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. Bill in equity, submitted upon tbe following agreed statement of facts : Tbe complainant, Richard P. Buck, of Brooklyn, New York, is, and has been for some years past, the owner of 3-16 of the ship Mary Goodell. During the five years next prior to March 9, 1876, William McGilvery, late of Searsport, deceased, was agent of the ship Mary Goodell, and* in that capacity received the earnings for the owners. McGilyery received March 6,1876, the sum of $5578.82, as the earnings of the ship, and declared the same a dividend, and there was due the complainant on said March 6, as his share in the…
1Opinion of the CourtLibbey, J.
Undoubtedly a bill in equity may be maintained against an administrator of an insolvent estate for property held in trust by his intestate, which has come into his hands, if the trust property can be identified. Thompson v. White, 45 Maine, 445. McLarren v. Brewer, 51 Maine, 402.
It may be maintained for money so held as well as for other property if it can be identified. McLarren v. Brewer, supra. Taylor v. Plumer, 3 M. & S. 562.
But the administrator of an insolvent estate represents all the creditors, and to maintain a suit for money that has come into his *516hands and withdraw it from the…
2Cited by8 opinions
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- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
- Cherry v. Territory of OklahomaSupreme Court of Oklahoma · 1906
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