Whitman v. Hunt
Massachusetts Supreme Judicial Court
The only question before the Court in this action, which was pending in the county of Plymouth, was, whether Fish was to be adjudged the trustee of Hunt, the defendant, upon his answers to the interrogatories.
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The only question before the Court in this action, which was pending in the county of Plymouth, was, whether Fish was to be adjudged the trustee of Hunt, the defendant, upon his answers to the interrogatories. On his examination in the court below, he acknowledged having received personal property to a considerable amount, together with sundry parcels of real estate, which were conveyed to him by Hunt But he did not show explicitly in what manner he had discharged himself from his accountability. After the action was brought to this Court by appeal, he underwent a further examination, upon…
1Opinion of the Court
The question was submitted without argument, and the action being continued nisi for advisement from the last October term at Plymouth, the opinion of the Court was delivered at this term by
Parsons, C. J.
After the examination of the supposed trustee on oath, the plaintiff moves that he may be adjudged the trustee of Hunt.
It is evident that the trustee, on his examination in the Common Pleas, answered to some of the questions imperfectly, and * to others evasively ; and were we to give judg- [ * 273 ] ment on that examination, the trustee must be charged, because he has not discharged himself…
2Cases cited4 opinions
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
- Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
- Minchin v. MooreMassachusetts Supreme Judicial Court · 1814
3Cited by6 opinions
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
- United States v. LangtonU.S. Circuit Court for the District of Massachusetts · 1829
- Minchin v. MooreMassachusetts Supreme Judicial Court · 1814
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Crossman v. CrossmanMassachusetts Supreme Judicial Court · 1838
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