Legal Opinion

White v. Coleman

Massachusetts Supreme Judicial Court

Decided February 21, 1881PublishedCited by 3 opinions

Trustee process. Writ dated October 10, 1877. Virgil H. Wilde, summoned as trustee, was defaulted. Horatio L. Lin coin appeared as claimant of the funds in the hands of the trustee by virtue of the following order: “ Taunton, March 27,1877. L. H. Francis. Please pay PI. L. Lincoln, or order, all the moneys which may become due me from the Virgil H. Wilde ease, and this shall be your receipt for the same. Charles F. Coleman.”

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Trustee process. Writ dated October 10, 1877. Virgil H. Wilde, summoned as trustee, was defaulted. Horatio L. Lin coin appeared as claimant of the funds in the hands of the trustee by virtue of the following order: “ Taunton, March 27,1877. L. H. Francis. Please pay PI. L. Lincoln, or order, all the moneys which may become due me from the Virgil H. Wilde ease, and this shall be your receipt for the same. Charles F. Coleman.” After the former decision, reported 127 Mass. 34, the case was tried in the Superior Court, without a jury, before Putnam, J., who allowed a bill of exceptions, in…

1Opinion of the CourtSoule, J.

The order under which the adverse claimant seeks to hold the fund in question is neither in form nor in substance an assignment of the demand of Coleman, the principal defendant, against Wilde, the trustee. And it was so decided when this case was first before us. 127 Mass. 34. It is merely an order on Francis, the attorney of the defendant Coleman, to pay the claimant such sums as should become due Coleman from the Wilde case, — due him, that is to say, from Francis. It did” not work any change in the relations between Coleman and Wilde, nor lessen the control of Coleman over his pending…

2Cases cited1 opinion

  1. White v. ColemanMassachusetts Supreme Judicial Court · 1879

3Cited by3 opinions

  1. Grise v. WhiteMassachusetts Supreme Judicial Court · 1969
  2. Loughlin v. LarsonSouth Dakota Supreme Court · 1911
  3. Finard v. FinardMassachusetts District Court, Appellate Division · 1937

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