Wilson v. Wood
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. The question is upon the chavgeability of the supposed trustee. By his disclosure, the following appear to have been the facts, so far as considered by the Court to be material. Wood, being indebted to the trustee, delivered to him an indorsed negotiable note for a larger sum, and took back an obligation by which the trustee bound himself to pay to Wood the surplus when collected.
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On Exceptions from the District Court, Hathaway, J. The question is upon the chavgeability of the supposed trustee. By his disclosure, the following appear to have been the facts, so far as considered by the Court to be material. Wood, being indebted to the trustee, delivered to him an indorsed negotiable note for a larger sum, and took back an obligation by which the trustee bound himself to pay to Wood the surplus when collected. The trustee considered the transaction as an absolute purchase of ‘the note. The Judge ruled that the trustee was chargeable, and an attorney of the Court excepted…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by
Shepley, C. J.
The plaintiff insists, that the attorney, who appeared for the trustees and filed the exceptions in the District Court, had no authority to appear for him, and that the exceptions should not be entertained.
That question should have been presented and determined in that Court. Nothing is presented for decision in this Court not contained in the bill of exceptions. The exceptions appearing to have been regularly presented and allowed in that Court, and to have been regularly presented here,…
2Cited by2 opinions
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- Reinhart v. HardestyNevada Supreme Court · 1882