Frothingham v. Haley
Massachusetts Supreme Judicial Court
These three actions were pending in Cumberland, and the question before the court was the same in each, and depending on the same facts disclosed by Mr. Cobb, the trustee, on his examination, viz., whether, at the time of the several processes being served on him in the respective actions, he was the trustee of the principal defendants.
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These three actions were pending in Cumberland, and the question before the court was the same in each, and depending on the same facts disclosed by Mr. Cobb, the trustee, on his examination, viz., whether, at the time of the several processes being served on him in the respective actions, he was the trustee of the principal defendants. Those facts were in substance as follows:—Haley and Emery, on trie 26th day of October, 1805, were indebted to Cobb in the sum of 1074 dollars, on two several promissory notes. * On the same day they drew a bill of exchange, in favor of [ * 69 ] Cobb, on…
1Opinion of the Court
The actions were continued nisi for advisement; and now the opinion of the Court was delivered, as follows, by
Parsons, C. J.
In these actions the trustee at the first term came into Court and submitted to answer interrogatories. The defendants since have been defaulted, and the question for the consideration of the Court arises on the answer of the trustee. If at the time of serving on Cobb the original writs or either of them, he had not in his hands any goods, effects or credits of the defendants, he must be discharged ; otherwise execution must be awarded against their goods, effects and…
2Cases cited1 opinion
- Bliss v. ThompsonMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- People v. ArguelloCalifornia Supreme Court · 1869
- Sayward v. DrewSupreme Judicial Court of Maine · 1830
- Staples v. StaplesSupreme Judicial Court of Maine · 1827
- Lupton v. CutterMassachusetts Supreme Judicial Court · 1829
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