Johnson v. Thayer
Supreme Judicial Court of Maine
The question in this case was, wbetht - Nathaniel Treat, who’ had been1 summoned as the trustee of Thayer, should be charged upon his disclosure. Treat was indebted to Thayer, October 24, 1838, in about the sum of two hundred dollars. On that day Ludo Tháyér drew an order upon him of the following tenor. “ Orono, Oct. 24, 1838. Mr, N. Treat.
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The question in this case was, wbetht - Nathaniel Treat, who’ had been1 summoned as the trustee of Thayer, should be charged upon his disclosure. Treat was indebted to Thayer, October 24, 1838, in about the sum of two hundred dollars. On that day Ludo Tháyér drew an order upon him of the following tenor. “ Orono, Oct. 24, 1838. Mr, N. Treat. Please to pay Charles Thayer the amount due me from you on account of erecting the dam, and oblige yours, Ludo Thayer” The order was accepted by Treat on the day of its date. The service of the trustee process was made upon him, Nov. 7, 1838. Treat, in…
1Opinion of the Court
The opinion of the Court was by
Siiepeey J.
An order drawn by a creditor upon his debtor in favor of a third person and accepted, may operate as a valid assignment of the debt, although it be not negotiable or expressed to be for value received. Adams v. Robinson, 1 Pick. 460; Legro v. Staples, 16 Maine R. 252.
The person summoned as trustee in this case was obliged by his acceptance to pay to Charles Thayer the debt due to the defendant; and he should be protected against a liability to him and a payment to the plaintiff, unless he has disclosed facts, which authorize the court to decide, that…
2Cited by2 opinions
- Metz Manf'g Co. v. HolbeckMichigan Supreme Court · 1929
- Conway v. CuttingSupreme Court of New Hampshire · 1871