Eunson v. Healy
Massachusetts Supreme Judicial Court
The question in these actions was, whether Tuckerman could be held as the trustee of Healy, by force of the statute of this com monwealth, passed February 28, 1795, entitled, “An Act to enable creditors to receive their just demands out of the goods, effects, and credits, of their debtors, when the same cannot be attached by the ordinary process of law.”
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The question in these actions was, whether Tuckerman could be held as the trustee of Healy, by force of the statute of this com monwealth, passed February 28, 1795, entitled, “An Act to enable creditors to receive their just demands out of the goods, effects, and credits, of their debtors, when the same cannot be attached by the ordinary process of law.” The facts appear, in Tuckerman’s answer to the usual interrogatory, as follows: — The said Tuckerman makes answer that, on the 5th day of January, A. D. 1797, Amasa Penniman made his note of hand of that date, whereby he promised the said…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Dana, C. J.
The question arising out of the facts stated by Tuckerman in his answer, and which has been argued at the bar, *is whether a person, who has endorsed a negó- [ *35 ] tiable promissory note, can be held, in virtue of such endorsement, as the trustee of the endorsee ? The words of the statute are plain and comprehensive. But it has been argued that the verdict, which Healy has obtained in an action brought by him against Tuckerman on the note, has changed the relation of these parties, and has given to Eunson’s attachment, which was…
2Cases cited5 opinions
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1808
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Winthrop v. CarltonMassachusetts Supreme Judicial Court · 1812
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
3Cited by6 opinions
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Davis v. PawletteWisconsin Supreme Court · 1854
- Kieffer v. EhlerSupreme Court of Pennsylvania · 1852
- Oakdale Mfg. Co. v. ClarkeSupreme Court of Rhode Island · 1908
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