Thompson v. Lewis
Supreme Judicial Court of Maine
ON Exceptions from the District Court, Hathaway, J. presiding. The question was upon the liability of Nickels, the supposed trustee, to be charged. He disclosed that he was indebted upon an unnegotiable note for logs and other property to the late firm of Hall &, Lewis, of which Lewis, the principal defendant, is the surviving partner.
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ON Exceptions from the District Court, Hathaway, J. presiding. The question was upon the liability of Nickels, the supposed trustee, to be charged. He disclosed that he was indebted upon an unnegotiable note for logs and other property to the late firm of Hall &, Lewis, of which Lewis, the principal defendant, is the surviving partner. To an interrogatory (objected to as irrelevant,) put by the defendant’s counsel to the trustee, “ whether Lewis gave him to understand that the estate could not pay the debts,” he replied; — “ I do not think he did at the time of the sale, I was loth to buy any…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by
Wells, J.
It appears by the disclosure, that the defendant, Lewis, and Charles S. Hall, were partners, and that after the death of Hall, the trustee purchased of Lewis partnership property, for which he gave his note, not negotiable, to Lewis as surviving partner. And the question arises whether he can be holden as trustee of Lewis, one of the partners.
In the cases of Fisk v. Herrick & trustee, 6 Mass. 271, *169and Upham v. Naylor & trustee, 9 Mass. 490, and Lyndon v. Gorham, 1 Gallison, 366, it was decided,…
2Cases cited3 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- Mumford v. MumfordU.S. Circuit Court for the District of Rhode Island · 1812
3Cited by2 opinions
- Cropper v. CoburnU.S. Circuit Court for the District of Massachusetts · 1855
- Liverpool, Brazil & River Platte Navigation Co. v. Agar & LelongU.S. Circuit Court for the District of Eastern Louisiana · 1882