Legal Opinion

Hatch v. Smith

Massachusetts Supreme Judicial Court

Decided March 15, 1809PublishedCited by 25 opinions

Daniel D. Rogers, Samuel Brown, and John Lee, were summoned as the agents and trustees of Smith, the principal defendant, and the only question agitated in the case was, whether, upon the facts disclosed upon their examinations (a second having been made by direction of the Court), they were to be adjudged trustees.

1Opinion of the Court

The opinion of the Court, except the Chief Justice, who did nol sit in the cause, was afterwards delivered as follows, by

Sedgwick, J.

The question is, whether the persons summoned are, upon their answers to the interrogatories put to them, to be ad judged trustees; whether, upon these answers, it appears that they have in their hands any goods, effects, or credits, which by law ought to be appropriated to the payment of the debts of William Smith, the defendant. This depends upon the nature of the transaction be*35tween Smith and his creditors, as it appears in itself, and as it is opened and…

2Cases cited4 opinions

  1. Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
  2. Long v. ColburnMassachusetts Supreme Judicial Court · 1814
  3. Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
  4. Jackson ex dem. Livingston v. De LanceyNew York Supreme Court · 1814

3Cited by25 opinions

  1. Brooks v. MarburySupreme Court of the United States · 1826
  2. Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
  3. In re Julius Bros.Court of Appeals for the Second Circuit · 1914
  4. Cummings v. McCulloughSupreme Court of Alabama · 1843
  5. Pearpoint v. GrahamU.S. Circuit Court for the District of Pennsylvania · 1818

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