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12 Mass. 441

Thayer v. Sherman

Massachusetts Supreme Judicial Court

Decided September 15, 1815

Massachusetts Supreme Judicial Court · decided 1815-09-15

<p>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.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1815-09-15

How this case has been cited

Cited by 8 later decisions — most recently January 1943

7 state decisions

3018151820183018401850186018701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Upon 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.

¶2Upon this answer he was adjudged trustee.

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