Locke v. Tippets
Massachusetts Supreme Judicial Court
This action was commenced by writ returnable to the Court of Common Pleas holden for this county, on the Monday preceding the third Tuesday of March, 1807; which writ was served on the principal the 26th of the preceding February, on W. &f A. Whittemore the next day, and on Walker on the 2d day of March follow ing. In this action the plaintiff demanded four several sums of money, due by four several promissory notes made by the defendant to the plaintiff.
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This action was commenced by writ returnable to the Court of Common Pleas holden for this county, on the Monday preceding the third Tuesday of March, 1807; which writ was served on the principal the 26th of the preceding February, on W. &f A. Whittemore the next day, and on Walker on the 2d day of March follow ing. In this action the plaintiff demanded four several sums of money, due by four several promissory notes made by the defendant to the plaintiff. The action was duly entered and prosecuted, and the defendant, Tippets, was defaulted ; the two WJlitte- [ * 150 ] mores * then appeared…
1Opinion of the Court
At the following November term in Suffolk, the action still being continued nisi, the decision of the Court was pronounced by
Parsons, C. J.
On the facts in this case, it is manifest that when the supposed trustees were attached, they had goods, [ * 152 ] effects, and credits of Tippets in their hands. * Their counsel have cited the decision of this Court in the case of Howell vs. Freeman and Frye, his trustee, as applicable to the circumstances of the case at bar. The principle decided in that case we consider as correct; but the application of it to the case under consideration may well be…
2Cited by8 opinions
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Trowbridge & Jennings v. MeansSupreme Court of Arkansas · 1843
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
- Stackpole v. NewmanMassachusetts Supreme Judicial Court · 1808
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