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Perry v. Coates

John Perry versus John Coates and Trustee

Perry v. Coates, 9 Mass. 537 (1813)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
March 15, 1813
Citations
9 Mass. 537
Cited by 22
Headnotes
Notes of a banking company in New Hampshire, which had been refused payment at the bank, were holden not to be goods, effects, or credits, of a principal debtor in the hands of one summoned as his trustee.
Summary
Josiah Crosby, who was summoned as the trustee of Coates, the principal defendant in this action, stated, in answer to the usual interrogatory, that at the time of the service of the process, in this case upon him, he held the amount of 528 dollars in the bills or notes of the Hillsborough Bank, in the state óf New Hampshire, which belonged to the said Coates, and which had been refused payment when presented by Crosby at the said bank for that purpose. And the only question before the Court was, whether Crosby was to be adjudged the trustee of Coates on these facts.

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.

In the case of the Maine Fire & Marine Insurance Company vs. Weeks & Trustees, (1) we decided that negotiable promissory notes were not capable of being seised and sold upon execution ; and that one possessed of such, belonging to a debtor, was not in virtue thereof liable as the trustee of such debtor. The bank notes, in this case, are but promissory notes negotiable by delivery. The same reason applies to them. Choses in, action are not goods, effects, or credits, within the statute, (a)

Trustee discharged, 70-6"> 7 Mass. Rep. 438 .

[See Rev. Stat. c. 97, § 21. — Ed.]

How later courts describe this case

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Cited by 22 cases

View all citing references →
1819–1820: 11823–1824: 11825–1826: 11827–1828: 31829–1830: 21831–1832: 21833–1834: 11839–1840: 21853–1854: 11855–1856: 11857–1858: 11863–1864: 11887–1888: 21895–1896: 11943–1944: 11945–1946: 118192026peak 1827 · 3

Relies on it most ⓘ

  1. Jordan v. Lavin66 N.E.2d 41 (Mass. 1946)
  2. United States v. Moulton27 F. Cas. 11 (1830)
  3. McCann v. Randall17 N.E. 75 (Mass. 1888)
  4. Price v. Brady21 Tex. 614 (1858)
  5. Picquet v. Swan19 F. Cas. 600 (1827)
  6. Davis v. Pawlette3 Wis. 300 (1854)

Most recent

  1. Jordan v. Lavin66 N.E.2d 41 (Mass. 1946)
  2. Jordan v. Clarence J. Lavin & Pilgrim Trust Co.9 Mass. App. Div. 293 (1944)
  3. Winton Coal Co. v. Pancoast Coal Co.33 A. 110 (Pa. 1895)
  4. McCann v. Randall17 N.E. 75 (Mass. 1888)
  5. Berhaus v. Georgeanna31 F. 405 (S.D.N.Y. 1887)
  6. Pettingill v. Androscoggin R. R.51 Me. 370 (1863)

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 1

DepthCaseCited by
Me. Fire & Marine Ins. v. Weeks, 7 Mass. 438 (1811) 26

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