Decoster v. Livermore

Decided March 15, 1808

Massachusetts Supreme Judicial Court · decided 1808-03-15

<p>Where the payee of a negotiable promissory note exhibits and proves his demand under a commission of bankruptcy issued against the promisor, upon a dividend declared, the assignee of the bankrupt is liable to attachment as the trustee of the payee, notwithstanding the note afterwards appears to have been negotiated to a third person.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1808-03-15

How this case has been cited

Cited by 3 later decisions — most recently November 1881

2 state decisions

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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The Court

¶1observed that there was ground to suspect management between Cox and his daughter; that Cox stated no * consideration for the assignment in his affidavit; that [ *102 ] the daughter had not appeared in the business, until after the debt was attached in Mr. Livermore’s hands; and that, if Cox had received his daughter’s money, she might bring her action for it. (a)

¶2 The defendant was adjudged trustee.

¶3 [But see Willard vs. Sturtevant, 7 Pick. 194. — Hawes vs. Langton, 8 Pick. 67. — And see Revised Statutes, c. 109, § 15,16, 17. If the money really belonged to the daughter, it was most manifestly unjust to hold the assignee as trustee of the fathe - En.j