Stone v. Dean
Superior Court of New Hampshire
The trustee, in this case, stated in his answers to the interrogatories put to him, that after the failure oí George C. Dean and company, George C. Dean being arrested upon three writs, which had been sued out against the company, the trustee, on the 25th June, 1829, became his bail, as an indemnity for which, said Dean placed in his hands sundry notes of hand, signed by sundry persons.
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The trustee, in this case, stated in his answers to the interrogatories put to him, that after the failure oí George C. Dean and company, George C. Dean being arrested upon three writs, which had been sued out against the company, the trustee, on the 25th June, 1829, became his bail, as an indemnity for which, said Dean placed in his hands sundry notes of hand, signed by sundry persons. Some of the notes were payable to said Dean or order, and some of them were payable to the company, or order. Two of the notes were signed by the trustee himself, one of which, given for cash lent after the…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
It is settled that a trustee cannot be charged by reason of choses in action deposited in his hands. It was so decided in the case of Fairbanks & Loring v. Moses Baker, and trustee, Grafton, May term, 1831. And the law is the same in Massachusetts. 5 Pick. 28, Andrews v. Ludlow; 7 Mass. Rep. 438; 8 Pick. 298, Lupton v. Cutter; 9 Mass. Rep. 537.
If, then, the trustee is to be charged at all, it must be on account of the notes given by himself.
It has always been considered as settled, in this state, that a trustee, who has given a…
2Cases cited2 opinions
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Brown v. SilsbySuperior Court of New Hampshire · 1840