Dwinel v. Stone
Supreme Judicial Court of Maine
Scire Eacias, against the defendant, who was summoned as trustee, and was defaulted. He disclosed on the scire facias, and was charged upon the disclosure. To that adjudication he excepted. The facts disclosed are stated in the opinion of the Court. One partner cannot be charged as trustee of another. He has no “ goods, effects or credits” of the other in his hands; for the other has the same interest in, and possession of them that he has.
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Scire Eacias, against the defendant, who was summoned as trustee, and was defaulted. He disclosed on the scire facias, and was charged upon the disclosure. To that adjudication he excepted. The facts disclosed are stated in the opinion of the Court. One partner cannot be charged as trustee of another. He has no “ goods, effects or credits” of the other in his hands; for the other has the same interest in, and possession of them that he has. The principal, the trustee, and Spaulding, were partners. The disclosure shows they intended to be partners, agreed to be partners, acted as partners,…
1Opinion of the CourtShepley, C. J.
— The defendant was summoned as trustee in a suit in favor of the plaintiff, against Nathaniel H. Sawtelle, and suffered a default to be entered, without making any disclosure. This suit is scire facias, against him as such trustee. He has appeared and made a disclosure as authorized by the provisions of the statute, chap. 119, <§> 78, and has been adjudged to be the trustee of Sawtelle for a certain amount. The case is presented on exceptions taken to that adjudication.
It is contended in the first place, that he cannot be liable on his disclosure, because there appears to have been a…
2Cases cited1 opinion
- Loomis v. MarshallSupreme Court of Connecticut · 1837
3Cited by33 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- McDonald v. MatneySupreme Court of Missouri · 1884
- Musser v. BrinkSupreme Court of Missouri · 1878
- Willis v. CrawfordOregon Supreme Court · 1901
- Hanthorn v. QuinnOregon Supreme Court · 1902
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