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Thayer v. Sherman

Moses Thayer versus Edmund Sherman and Benjamin Adams, Esq., his Trustee

Thayer v. Sherman, 12 Mass. 441 (1815)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
September 15, 1815
Citations
12 Mass. 441
Headnotes
An attorney of this court having money in his hands, collected by him in the course of his profession, is liable as the trustee of the party for whose use such money was received.

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.

Upon the general interrogatory put to Mr. Mams, the supposed trustee in this case, namely, whether, at the time of the service of the summons upon him, he had any effects of the defendant, Sherman, in his hands, the said trustee, who is a counsellor and attorney of this court, answered, that, a short time before the service of the' writ upon him, he had collected, in the line of his profession as an attorney, $ 494 for the said Sherman, which he had received from, the present plaintiff upon two several notes of hand of the plaintiff, which had been before that time put into his hands for collection by Sherman; and that the said sum remained in his keeping at the time-he was summoned as trustee.

Upon this answer he was adjudged trustee.

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