Crossman v. Crossman
Massachusetts Supreme Judicial Court
The trustee, in his general answer, declared ee that for more than six years previous to the service of the writ upon him, there had been no dealings between him and said Noah; that he did not, at any time within said six years, make any promise or undertaking to him ; and that no promise, undertaking, or agreement made previous thereto was broken, fell due,'or any cause of action accrued thereon during the said term of s.‘x years next before the service of said writ, as he…
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The trustee, in his general answer, declared ee that for more than six years previous to the service of the writ upon him, there had been no dealings between him and said Noah; that he did not, at any time within said six years, make any promise or undertaking to him ; and that no promise, undertaking, or agreement made previous thereto was broken, fell due,'or any cause of action accrued thereon during the said term of s.‘x years next before the service of said writ, as he believed.” Upon being interrogated by the plaintiff, whether he had any goods, effects, or credits of the defendant in…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. Two questions arise in this case : 1. Whether the trustee is chargeable upon his answers as they stand ; and 2. Whether he is hound to answer further.
It is a well established and familiar rule, that all the statements in the trustee’s answers are to be regarded as true ; and his extends to assertions made on his belief of facts derive,* from otner sources of information, as well as from his personal knowledge. Whitman v. Hunt, 4 Mass. R. 272 ; Hatch v. *24Smith, 5 Mass. R. 42 ; Cleveland v. Clap, 5 Mass. R. 202 ; Willard v. Sturtevant, 7 Pick. 194 ;…
2Cases cited4 opinions
- Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
- United States v. LangtonU.S. Circuit Court for the District of Massachusetts · 1829
- Whitman v. HuntMassachusetts Supreme Judicial Court · 1808