Porter v. Wakefield
Massachusetts Supreme Judicial Court
Trustee process. Writ dated February 24, 1887. Cyrus Wakefield, summoned as trustee, answered, that, at the time of the service of said process upon him, he had in his possession certain jewelry of the defendant, namely, one pair of ear-rings and one cross, of the value in all of §600; and that he held the same as security for the payment to him by the defendant of the sum of §1886.88, which sum the defendant owed him.
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Trustee process. Writ dated February 24, 1887. Cyrus Wakefield, summoned as trustee, answered, that, at the time of the service of said process upon him, he had in his possession certain jewelry of the defendant, namely, one pair of ear-rings and one cross, of the value in all of §600; and that he held the same as security for the payment to him by the defendant of the sum of §1886.88, which sum the defendant owed him. In response to interrogatories filed by the plaintiff, the trustee answered that he and the defendant were married in this Commonwealth on January 17, 1871; that they were…
1Opinion of the CourtField, J.
We need not consider whether clause 1 of the Pub. Sts. c. 169, § 18, providing that “ neither husband nor wife shall be allowed to testify as to private conversations with each other,” applies to the answers of a trustee in trustee process, or whether, if it does, a trustee can rely upon an agreement made with his wife in the presence of no other person, when he cannot be asked on interrogatories, or be permitted to state, what the conversations were which resulted in the agreement.
Taking the answers of the trustee most favorably for him, they show that he “ advanced ” money to his wife, or…
2Cases cited9 opinions
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Woodward v. SpurrMassachusetts Supreme Judicial Court · 1886
- Kneil v. EglestonMassachusetts Supreme Judicial Court · 1885
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3Cited by6 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Brown v. BrownMassachusetts Supreme Judicial Court · 1899
- Clark v. Supreme Council of the Royal ArcanumMassachusetts Supreme Judicial Court · 1900
- Commissioner of Internal Revenue v. HaleCourt of Appeals for the First Circuit · 1933
- Peters v. CommissionerUnited States Board of Tax Appeals · 1933
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