Swan v. Crafts
Massachusetts Supreme Judicial Court
Trustee process. Writ dated April 22,1876. The Shelburne Falls Savings Bank was summoned as trustee. John M. Grafts appeared as claimant of the funds in the hands of the trustee, by virtue of the following assignment: “ Whately, April 20, 1876. I hereby assign all the interest I have in the sum of money named within in this instrument to John M. Crafts, to his use and behoof, with this condition, that the said John M. Crafts shall well and truly apply the said funds in…
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Trustee process. Writ dated April 22,1876. The Shelburne Falls Savings Bank was summoned as trustee. John M. Grafts appeared as claimant of the funds in the hands of the trustee, by virtue of the following assignment: “ Whately, April 20, 1876. I hereby assign all the interest I have in the sum of money named within in this instrument to John M. Crafts, to his use and behoof, with this condition, that the said John M. Crafts shall well and truly apply the said funds in payment of certain amounts due to such parties as I am owing for tobacco sold on commission by me for the benefit of said…
1Opinion of the CourtSottlb, J.
The adverse claimant seeks to hold the funds in the hands of the alleged trustee, by virtue of an assignment from the principal defendant. He paid no money for the assignment, and it was on the express condition that he should apply the funds in payment of certain specified debts of the assignor, who was largely indebted to persons to whom no part of the funds were to be paid by the claimant. No creditors were made parties to the assignment, and there was no offer to show that any creditors had assented to it, or released their claims in consideration of it.
Assignments in trust for the…
2Cited by3 opinions
- Faulkner v. HymanMassachusetts Supreme Judicial Court · 1886
- Pierce v. O'BrienMassachusetts Supreme Judicial Court · 1880
- Howard v. PineSuperior Court of Rhode Island · 1926