Stanley v. Stark
Massachusetts Supreme Judicial Court
Bill in equity brought by the remaining partner in the firm of Stark, Stanley & Co. to recover a sum of money alleged to have been received by one of the defendants, a former copartner in said firm, upon a trust for the purpose of reestablisMng the firm in business, and to have been deposited with the other dafendant, who had knowledge of the trust, and who applied it to the payment of a debt which the firm owed him.
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Bill in equity brought by the remaining partner in the firm of Stark, Stanley & Co. to recover a sum of money alleged to have been received by one of the defendants, a former copartner in said firm, upon a trust for the purpose of reestablisMng the firm in business, and to have been deposited with the other dafendant, who had knowledge of the trust, and who applied it to the payment of a debt which the firm owed him. At the hearing upon the pleadings and proofs, before Endicott J., a decree was passed that the defendants should pay to the plaintiff the sum of five hundred dollars with costs.…
1Opinion of the CourtColt, J.
The bill charges in substance that the money which is demanded of the defendants was originally received by the firm of Stark, Stanley & Co. out of a relief fund raised by subscription to aid mechanics and other sufferers by the great fire of 1872, upon the express trust that it should be used by the firm in reestablishing its business; that the money was first placed in the keeping of the defendant James H. Stark, one of the firm, who afterwards put it into the hands of his father John H. Stark, the other defendant, who had an old debt against the firm, both defendants knowing of the trust…
2Cases cited2 opinions
- Smith v. TownsendMassachusetts Supreme Judicial Court · 1872
- Ross v. HarperMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Cheney v. GleasonMassachusetts Supreme Judicial Court · 1878
- O'Hare v. DowningMassachusetts Supreme Judicial Court · 1880
- Marshall v. WilliamsOregon Supreme Court · 1891
- Iasigi v. Chicago, Burlington & Quincy RailroadMassachusetts Supreme Judicial Court · 1880