Bouvé v. Cottle
Massachusetts Supreme Judicial Court
Two actions oe contract. Writs dated July 15, 1884. The declaration in the first case was as follows: “ And the plaintiff says the defendant owes him $197.72, for money had and received by the defendant to the plaintiff’s use, with interest on the same.”
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Two actions oe contract. Writs dated July 15, 1884. The declaration in the first case was as follows: “ And the plaintiff says the defendant owes him $197.72, for money had and received by the defendant to the plaintiff’s use, with interest on the same.” Answer: 1. A general denial. 2. “The defendant denies that he received to the plaintiff’s use the money mentioned in the plaintiff’s declaration, except the sum of $45.20; and says that after the plaintiff sued out his writ, and more than four days before the return day of said writ, the defendant tendered to the plaintiff the sum of $47,…
1Opinion of the Court
Deyeíts, J.
If the plaintiffs sought to establish that there had been any wilful neglect on the part of the trustee in failing to collect, account for, and pay over to the creditors of the assignor, by whom the written assignment was made to him for their benefit, so that the plaintiffs should receive their whole debt or a larger part thereof than the defendant admitted to be due, their remedy was by a bill in equity brought on behalf of all creditors who had become parties to the trust. The trustee should not be obliged, in separate actions at law brought by individual creditors, to show that…
2Cases cited2 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Currier v. JordanMassachusetts Supreme Judicial Court · 1875
3Cited by15 opinions
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- Sherman v. WerbyMassachusetts Supreme Judicial Court · 1932
- Hawes Electric Co. v. AngellMassachusetts Supreme Judicial Court · 1955
- Noble v. FagnantMassachusetts Supreme Judicial Court · 1894
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