Nelson v. Piper
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being for $231.78, money had and received by the defendant to the plaintiff’s use, and the second count alleging that one Louis F. Barton made a promissory note payable to the order of H. N. Stone for $800; that H. N. Stone indorsed the note to Ella F. S. Stone, and she indorsed it to the plaintiff; that Barton by a deed of trust conveyed all his real and personal property to the defendant in trust for the benefit…
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Contract, with a declaration in two counts, the first count being for $231.78, money had and received by the defendant to the plaintiff’s use, and the second count alleging that one Louis F. Barton made a promissory note payable to the order of H. N. Stone for $800; that H. N. Stone indorsed the note to Ella F. S. Stone, and she indorsed it to the plaintiff; that Barton by a deed of trust conveyed all his real and personal property to the defendant in trust for the benefit of his creditors; that the plaintiff became a party to the assignment; that the dividends due the creditors under the…
1Opinion of the CourtDe Courcy, J.
The plaintiff, as holder of a promissory note made by one Barton, brought this action against the defendant Piper, who is trustee under a common law assignment made by Barton for the benefit of creditors, to recover the sum payable as a dividend on the note. It is to be noted that the action is not over the note itself. The trustee admitted his liability for the dividend, which he paid into court, but interpleaded the administrator of the payee named in the note, who had made claim for the money. Thereupon the administrator was admitted as a party, and the controversy proceeded between the…
2Cases cited10 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
- Bouvé v. CottleMassachusetts Supreme Judicial Court · 1887
- Boutelle v. CarpenterMassachusetts Supreme Judicial Court · 1903
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
- Sherman v. WerbyMassachusetts Supreme Judicial Court · 1932
- New England Cabinet Works v. MorrisMassachusetts Supreme Judicial Court · 1917
- Dennett v. PerkinsMassachusetts Supreme Judicial Court · 1913
- Krikorian v. Grafton Co-operative BankMassachusetts Supreme Judicial Court · 1942
3 more not listed; retrieve them via the Exa API.