White v. Coleman
Massachusetts Supreme Judicial Court
Trustee process. 'Writ dated October 10, 1877. Virgil H. Wilde, summoned as trustee, was defaulted. Horatio L. Lincoln appeared as claimant of the funds in the hands of the trustee by virtue of the following order: “ Taunton, March 27, 1877. L. N. Francis. Please pay H. L. Lincoln or order all the moneys which may become due me from the Virgil H. Wilde case, and this shall be your receipt for the same. Charles F. Coleman.”
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Trustee process. 'Writ dated October 10, 1877. Virgil H. Wilde, summoned as trustee, was defaulted. Horatio L. Lincoln appeared as claimant of the funds in the hands of the trustee by virtue of the following order: “ Taunton, March 27, 1877. L. N. Francis. Please pay H. L. Lincoln or order all the moneys which may become due me from the Virgil H. Wilde case, and this shall be your receipt for the same. Charles F. Coleman.” At the trial in the Superior Court, before Bacon, J., without a jury, the defendant was defaulted, and the trial proceeded between the plaintiff and claimant. The claimant…
1Opinion of the CourtAmes, J.
It appears upon the facts reported in this bill of exceptions, that Francis, upon whom the order was drawn, was the attorney of record for the principal defendant in a suit against the trustee Wilde. At the trial in that suit, in September 1877, about six months after the date of the order, a verdict was rendered in favor of Coleman against Wilde, and the case was continued for judgment on account of the pendency of this present trustee process, and no judgment has yet been rendered. The order upon Francis has never been accepted, and it is manifest that no funds have yet come to his hands…
2Cases cited4 opinions
- Stearns v. Quincy Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
- Clemson v. DavidsonSupreme Court of Pennsylvania · 1813
- United States v. VaughanSupreme Court of Pennsylvania · 1811
- Hamilton v. M'CounThe Superior Court of New York City · 1829
3Cited by7 opinions
- Grise v. WhiteMassachusetts Supreme Judicial Court · 1969
- Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945
- Hubbard v. LamburnMassachusetts Supreme Judicial Court · 1905
- Carroll v. PeopleAppellate Court of Illinois · 1883
- Loughlin v. LarsonSouth Dakota Supreme Court · 1911
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