Richards v. Stephenson
Massachusetts Supreme Judicial Court
Trustee process. The Suffolk National Bank, of Boston, summoned as trustee, filed an answer denying that there were intrusted or deposited in its hands or possession any goods, effects or credits of the defendant, on June 25, 1867, when it received service of the writ; and replied substantially as follows to interrogatories of the plaintiff: That it did have in its possession a promissory note for $556.67, signed by Richards, Adams & Co., and payable on that day, with…
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Trustee process. The Suffolk National Bank, of Boston, summoned as trustee, filed an answer denying that there were intrusted or deposited in its hands or possession any goods, effects or credits of the defendant, on June 25, 1867, when it received service of the writ; and replied substantially as follows to interrogatories of the plaintiff: That it did have in its possession a promissory note for $556.67, signed by Richards, Adams & Co., and payable on that day, with interest, to the order of the defendant, the amount of which, with interest, it that day collected, and passed the proceeds to…
1Opinion of the CourtFoster, J.
A party summoned as trustee is to be discharged, unless it affirmatively appears by his answers, aided by the collateral proofs, that he is chargeable. Porter v. Stevens, 9 Cush. 530. The exception to this rule is, when the answer admits enough to make the trustee primd facie chargeable, and then states some special matter in avoidance. Lane v. Felt, 7 Gray, 491. A trustee cannot be held liable, when he does not appear ever to have been the debtor of the defendant.
In the present case, it is clear that extrinsic evidence might have been offered by either party to show whether the note, when…
2Cited by7 opinions
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Union Pac. R'y Co. v. GibsonSupreme Court of Colorado · 1890
- Chapin v. PikeMassachusetts Supreme Judicial Court · 1903
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1919
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