Chealy v. Brewer
Massachusetts Supreme Judicial Court
The only question in this action arose from the answer of the supposed trustee to the usual interrogatory. Question. “ Had you, at the time of the service of this writ upon you, any goods, effects, or credits in your hands, belonging to the said James Brewer ?” Answer.
Read the full summary
The only question in this action arose from the answer of the supposed trustee to the usual interrogatory. Question. “ Had you, at the time of the service of this writ upon you, any goods, effects, or credits in your hands, belonging to the said James Brewer ?” Answer. “ I had, as county treasurer, and not otherwise, the sum of twenty-one dollars and twenty-five cents, which sum was due to him for his services as a traverse juror at the Court of Common Pleas and Municipal Court, and which sum I was by law obliged to pay him.”
1Opinion of the Court
The opinion of the Court (absente Parsons, C. J.) was delivered to the following effect, by
Sedgwick, J.
The question whether Mr. Seaver, who has been summoned as the trustee of Brewer, the principal defendant, shall be adjudged such, depends on the construction of the statute of 1794, c. 65.
By the preamble it appears, that the remedy, intended by the statute, was to enable creditors to obtain satisfaction of their debts out of the “ goods, effects, and credits ” of their debtors, “ intrusted and deposited ” in other hands, so that they could not be attached by the ordinary process of law. And…
2Cited by26 opinions
- Mayor of Baltimore v. Root ex rel. ArmstrongCourt of Appeals of Maryland · 1855
- Foley v. ShriverSupreme Court of Virginia · 1886
- Wallace v. LawyerIndiana Supreme Court · 1876
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
21 more not listed; retrieve them via the Exa API.