Grant v. Shaw
Massachusetts Supreme Judicial Court
The defendant was summoned on the 5th of April, 1816, as the trustee of Ridgioay if Balch, merchants in Philadelphia; and not appearing in the original, action, the plaintiffs sued this writ of scire facias, to have judgment against him', as for his own debt. The defendant appeared upon the scire facias, and submitted to examination ; upon which the following facts appeared.
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The defendant was summoned on the 5th of April, 1816, as the trustee of Ridgioay if Balch, merchants in Philadelphia; and not appearing in the original, action, the plaintiffs sued this writ of scire facias, to have judgment against him', as for his own debt. The defendant appeared upon the scire facias, and submitted to examination ; upon which the following facts appeared. On the 20th of March, 1816, Ridgioay If Balch *drew [ * 343 ] a bill of exchange on the defendant for 2000 dollars, payable' to «S'. if T. Nevins If Co. or order, at three days’ sight; which being presented by Gilbert if…
1Opinion of the CourtParker, C. J.
There are two reasons, each of which is decisive against charging the trustee in the present suit.
Unless he is chargeable on account of the shipments to him from Philadelphia, before the goods came into his possession here, the plaintiff cannot prevail; because processes were served upon him by other creditors, before the plaintiffs’ writ was served after the arrival of the goods. And we are very clear that he was not trustee, until he had accepted the consignment, and had received the goods Until then it rested in contingency, whether he would be a debtor of the consignors or not. Had the…
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- Patterson v. PerryThe Superior Court of New York City · 1859
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