Blake v. Williams
Massachusetts Supreme Judicial Court
The question in this case was whether Marshall, who had been summoned as a debtor of Williams on the 3d of December, 1825, should be adjudged the trustee of Williams, the principal defendant, and held liable to pay over to the plaintiff the amount of the debt acknowledged by Marshall in his answer to be due from him to Williams.
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The question in this case was whether Marshall, who had been summoned as a debtor of Williams on the 3d of December, 1825, should be adjudged the trustee of Williams, the principal defendant, and held liable to pay over to the plaintiff the amount of the debt acknowledged by Marshall in his answer to be due from him to Williams. The debt arose on account of a draft drawn by Marshall on Williams, which was paid by funds advanced by Williams, and Marshall had not, at the time of being served with the process in this case, replaced the amount by remittance to Williams. It was disclosed in the…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The person summoned as trustee in this case, admits himself to be indebted to Williams, the defendant in the action, but objects to being charged as trustee, on account of the bankruptcy of Williams in England, and the assignment of his estate and effects by the commissioners appointed according to the laws of that country, which assignment he supposes transferred this debt to the assignees, and thus that it is taken out of the operation of our trustee process.
This process was served after the commission of bankruptcy issued, and after the…
2Cases cited3 opinions
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Plestoro v. AbrahamNew York Court of Chancery · 1828