Clark v. Brewer
Massachusetts Supreme Judicial Court
Appeal from a judgment of the court of common pleas charging the trustees on their answer, which disclosed that the defendant had sold them a building in Lee, on condition, as expressed in the bill of sale, that they should “ pay for this building in writing paper at market price, delivered in New York in a reasonable time after they shall receive the order for the same,” and had authorized them to remove the building when they pleased; and that they had received no such…
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Appeal from a judgment of the court of common pleas charging the trustees on their answer, which disclosed that the defendant had sold them a building in Lee, on condition, as expressed in the bill of sale, that they should “ pay for this building in writing paper at market price, delivered in New York in a reasonable time after they shall receive the order for the same,” and had authorized them to remove the building when they pleased; and that they had received no such order from the defendant for the delivery of said paper at New York.
1Opinion of the CourtMetcalf, J.
The court are of opinion that a person who has made a contract to deliver goods at a place out of the State cannot be charged as the trustee of him to whom he has contracted to deliver them. Sections 22 and 24 of our trustee law (Rev. Sts. c. 109,) seem to us "to be decisive of this point. It is provided by § 22, that when any person is chargeable as a trustee, by reason of any goods or chattels, other than money, which he holds, or is bound to deliver to the principal defendant, he *321shall deliver the same, or so much thereof as may be necessary, to the officer who holds the execution, and the…
2Cases cited1 opinion
- Jewett v. BaconMassachusetts Supreme Judicial Court · 1809