Perry v. Coates
Massachusetts Supreme Judicial Court
Josiah Crosby, who was summoned as the trustee of Coates, the principal defendant in this action, stated, in answer to the usual interrogatory, that at the time of the service of the process, in this case upon him, he held the amount of 528 dollars in the bills or notes of the Hillsborough Bank, in the state óf New Hampshire, which belonged to the said Coates, and which had been refused payment when presented by Crosby at the said bank for that purpose.
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Josiah Crosby, who was summoned as the trustee of Coates, the principal defendant in this action, stated, in answer to the usual interrogatory, that at the time of the service of the process, in this case upon him, he held the amount of 528 dollars in the bills or notes of the Hillsborough Bank, in the state óf New Hampshire, which belonged to the said Coates, and which had been refused payment when presented by Crosby at the said bank for that purpose. And the only question before the Court was, whether Crosby was to be adjudged the trustee of Coates on these facts.
1Opinion of the Court
By the Court.
In the case of the Maine Fire & Marine Insurance Company vs. Weeks & Trustees, (1) we decided that negotiable promissory notes were not capable of being seised and sold upon execution ; and that one possessed of such, belonging to a debtor, was not in virtue thereof liable as the trustee of such debtor. The bank notes, in this case, are but promissory notes negotiable by delivery. The same reason applies to them. Choses in, action are not goods, effects, or credits, within the statute, (a)
Trustee discharged,
70-6"> 7 Mass. Rep. 438.
[See Rev. Stat. c. 97, § 21. — Ed.]
2Cases cited1 opinion
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
3Cited by22 opinions
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Price v. BradyTexas Supreme Court · 1858
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
- Davis v. PawletteWisconsin Supreme Court · 1854
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