TaiLexi AI U.S. Case Law

Clark v. King

George Clark versus Samuel King, and Bryant Williams, Trustee

Clark v. King, 2 Mass. 524 (1807)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 15, 1807
Citations
2 Mass. 524
Headnotes
A promissory note to bearer, payable in goods, is not a negotiable security within the 12th section of the statute of February 28, 1795, providing and regulating foreign attachments.
Summary
Williams, the *rustee, disclosed, upon his examination, that, prior to the semee of the summons upon him in this action, * which was on the 31st December, 1806, for [*525 ] a valuable consideration he had given to King, the principal debtor, a promissory note, payable to the bearer, for 250 dollars, payable in West Indian and English goods, at a time certain, posterior to the service of the summons. The question, upon this statement, was whether Williams was, in virtue of this note, the trustee of King.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court.

Williams, having no credits of King in his hands, — unless by virtue of the note given by him, dated December 8, 1806, and payable to bearer, for 250 dollars payable in West Indian and English goods, on the 15th of March, 1807, which he made and delivered to him for a valuable consideration, — relies, for his discharge as trustee, on the twelfth section of the statute providing and regulating foreign attachments, passed February 28, 1795, which provides that no person shall be adjudged a trustee on account of his having made, given, endorsed, negotiated, or accepted, any negotiable security.

We are of opinion that this note, though purporting to be payable to bearer, is not a negotiable security, because it is not a cash note, and no action can be maintained upon it but in King’s name. Williams must therefore be adjudged a trustee of the defendant. (a)

Jones vs. Fales, 4 Mass. Rep. 245 . — Young vs. Adams, 6 Mass. Rep. 182 Storer vs. White, 7 Mass. Rep. 448

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1813–1814: 11843–1844: 11851–1852: 118132026peak 1813 · 1

Relies on it most ⓘ

  1. President of the Northampton Bank v. Allen10 Mass. 284 (1813)
  2. Carleton v. Brooks14 N.H. 149 (1843)
  3. Greeley v. Quimby22 N.H. 335 (1851)

Most recent

  1. Greeley v. Quimby22 N.H. 335 (1851)
  2. Carleton v. Brooks14 N.H. 149 (1843)
  3. President of the Northampton Bank v. Allen10 Mass. 284 (1813)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Jones v. Fales, 4 Mass. 245 (1808) 80
Young v. Adams, 6 Mass. 182 (1810) 46
Stores v. White, 7 Mass. 448 (1811) 14

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list