Douglas v. Simpson
Massachusetts Supreme Judicial Court
Trustee process. The principal defendants were defaulted. John Walsh, summoned as trustee, admitted that he had in his hands, at the time of the service of the writ upon him, the sum of $329.50, due the defendants.
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Trustee process. The principal defendants were defaulted. John Walsh, summoned as trustee, admitted that he had in his hands, at the time of the service of the writ upon him, the sum of $329.50, due the defendants. Thomas Booth appeared as claimant of the funds in the hands of the trustee, by virtue of a trust deed from the defendants to him of all their real and personal estate, which deed was duly executed, acknowledged and recorded, and by the terms of which Booth was to convert such real and personal estate into money, and pay the same pro rata to the creditors of the defendants. The case…
1Opinion of the CourtEndicott, J.
It appears by the agreed statement .of facts, that the indenture of trust, entered into by the defendants and Booth, the claimant, for the benefit of the defendants’ creditors, was not assented to or executed by any of the creditors at the time it was made; that, after Booth had given notice of his acceptance of the trust, a portion of the creditors presented their claims, thereby assenting to the indenture ; and that Booth had paid out all the assets that had come into his hands.
While, therefore, it appears that all the assets in the hands of Booth were exhausted by the creditors who had…
2Cited by4 opinions
- Hudson v. J. B. Parker Machine Co.Massachusetts Supreme Judicial Court · 1899
- Cropper v. GorhamMassachusetts Supreme Judicial Court · 1915
- Irving Levitt Co. v. Boone's, Inc.Massachusetts District Court, Appellate Division · 1964
- R. T. Arnold Lumber Corp. v. Empire Building Co.Massachusetts District Court, Appellate Division · 1950