Getchell v. Chase
Massachusetts Supreme Judicial Court
Trustee process. Writ dated March 15,1877, and served on the same day. Michael Englehardt, summoned as trustee, answered that on March 14, 1877, he owed the defendant $110, and gave him his check for that amount, which the defendant accepted in settlement of the debt; that there were sufficient funds deposited in the bank, on which the check was drawn, to his credit, to pay the check on presentation; that the check was presented by the defendant and paid at the bank on March…
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Trustee process. Writ dated March 15,1877, and served on the same day. Michael Englehardt, summoned as trustee, answered that on March 14, 1877, he owed the defendant $110, and gave him his check for that amount, which the defendant accepted in settlement of the debt; that there were sufficient funds deposited in the bank, on which the check was drawn, to his credit, to pay the check on presentation; that the check was presented by the defendant and paid at the bank on March 16, T877; that when the writ was served upon him, he informed the officer that he had given to the defendant a check…
1Opinion of the CourtGray, C. J.
Upon the facts stated in the trustee’s answer, the check was evidently given by him and received by the principal defendant as payment, and operated as such, at least until presentment and refusal, which in this case did not happen. Nothing therefore was due from the trustee to the defendant at the time of the service of this process. Pearce v. Davis, 1 Mood. & Rob. 365. Barnard v. Graves, 16 Pick. 41. Cushman v Libbey, 15 Gray, 358. Trustee discharged.
2Cited by10 opinions
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- Prewitt v. BrownMissouri Court of Appeals · 1903
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