Godfrey v. Macomber
Massachusetts Supreme Judicial Court
Trustee process. Writ dated August 22, 1878, and served the same day. The Hingham Insurance Company, summoned as trustee, answered that, previously to the time of service upon it, it had, by a policy of insurance dated July 26, 1872, insured certain buildings of the defendant situated in Taunton against damage by fire; that, at the time of service, a loss by fire had occurred upon said buildings under the policy; that the trustee had received an order from the defendant…
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Trustee process. Writ dated August 22, 1878, and served the same day. The Hingham Insurance Company, summoned as trustee, answered that, previously to the time of service upon it, it had, by a policy of insurance dated July 26, 1872, insured certain buildings of the defendant situated in Taunton against damage by fire; that, at the time of service, a loss by fire had occurred upon said buildings under the policy; that the trustee had received an order from the defendant directing it to pay to W. F. Macomber any sums of money that might be due the defendant on account of said loss; that, under…
1Opinion of the CourtLord, J.
The only question for our consideration is, whether, upon the facts existing at the time of the service of the trustee process, the Hingham Insurance Company was chargeable as the trustee of the defendant. If it was, no subsequent acts upon its part, for the purpose of benefiting the principal defendant or his creditor, could discharge the trustee, nor could any subsequent act of the trustee render it chargeable. The precise and only question to be determined is, whether, at the time of the service of the process upon it, the trustee had in its hands money or other property due or belonging…
2Cases cited2 opinions
- Cypress Pond Draining Co. v. HooperCourt of Appeals of Kentucky · 1859
- Hancock v. ColyerMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Boisseau v. Bass' AdministratorSupreme Court of Virginia · 1902
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Hanover Fire Insurance v. ConnorAppellate Court of Illinois · 1886
- Barton v. Automobile InsuranceMassachusetts Supreme Judicial Court · 1941
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