Watkins v. Otis
Massachusetts Supreme Judicial Court
The substance of the disclosure of the trustee, to be gathered from his answers to all the interrogatories and from some statements made by him voluntarily, appeared to be this : —In August 1809, he entered into a bond to the United States, as surety, with others, for William Otis, collector ol the revenue for the district of Barnstable, in the penalty oi 2000 dollars, to secure the faithful execution of that office by Otis, and took from Otis a bond of indemnity in the like…
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The substance of the disclosure of the trustee, to be gathered from his answers to all the interrogatories and from some statements made by him voluntarily, appeared to be this : —In August 1809, he entered into a bond to the United States, as surety, with others, for William Otis, collector ol the revenue for the district of Barnstable, in the penalty oi 2000 dollars, to secure the faithful execution of that office by Otis, and took from Otis a bond of indemnity in the like penalty of 2000 dollars. Before April 1815, Otis became a defaulter, and absconded, owing a large balance to the United…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. [After stating the facts.] It would seem on this statement hardly to admit of a doubt, that the trustee held the sum received from Otis in Matanzas, with such deductions as he may equitably charge, as the trustee in equity for Otis, and accountable to him in a court of equity therefor; and according to the generally received notions of the action for money had and received, that it would be one of the most fit applications of it as a remedy, to cause the money of Otis thus in the hands of the trustee, to be paid to its true owner, if it be not…
2Cases cited9 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Seaman Field v. United StatesSupreme Court of the United States · 1834
- Prince v. BartlettSupreme Court of the United States · 1814
- United States v. HackSupreme Court of the United States · 1834
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
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