Pierce v. Perry
Massachusetts Supreme Judicial Court
Bill in equity, filed October 7, 1901, and amended February 10, 1902, by the executors under the will of Martha A. Perry, late of Boston, against Oliver H. Perry, of Boston, for an accounting, containing the allegations described in the opinion. On the suggestion of the death of the defendant the special ■administrator of the estate of the defendant was admitted to defend the suit, and later the executors under the will of the defendant were admitted in his place.
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Bill in equity, filed October 7, 1901, and amended February 10, 1902, by the executors under the will of Martha A. Perry, late of Boston, against Oliver H. Perry, of Boston, for an accounting, containing the allegations described in the opinion. On the suggestion of the death of the defendant the special ■administrator of the estate of the defendant was admitted to defend the suit, and later the executors under the will of the defendant were admitted in his place. The case was referred to Lewis G. Farmer, Esquire, as master. He filed a report in which he found that the amount of f18,668.58…
1Opinion of the CourtHammond, J.
1. The defendants contend that the statute of limitations is a bar to the recovery of any sum received by Oliver H. Perry more than six years before the bringing of this suit. The total amount which it is contended is thus barred is $9,238.77, including interest. The defendants contend that the relation of Perry to his sister, the plaintiff’s testatrix, was not that of a trustee, but simply that of a single agent for the collection of money and a mere custodian. As to this the master has found that “ he was not a mere custodian, as claimed by the defence, and that he was more than a financial…
2Cases cited3 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- Jones v. McDermottMassachusetts Supreme Judicial Court · 1874
3Cited by8 opinions
- Stuck v. SchummMassachusetts Supreme Judicial Court · 1935
- Barnes v. BarnesIllinois Supreme Court · 1918
- Zytka v. DmochowskiMassachusetts Supreme Judicial Court · 1938
- Klineline v. HeadCourt of Appeals of Kentucky · 1924
- Schmidt v. SchmidtMassachusetts Supreme Judicial Court · 1914
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