Driscoll v. Hoyt

Massachusetts Supreme Judicial Court

Driscoll v. Hoyt

77 Mass. 404

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 404 (Driscoll v. Hoyt) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Driscoll v. Hoyt, 77 Mass. 404 (Mass. 1858).

Pincite

Opinion

Bigelow, J.

The answers of the persons summoned as trustees leave two essential facts in doubt, which should affirmatively appear in order to charge them as trustees of the defendant.

1. There is no satisfactory evidence that the defendant, a the time of the service of the trustee process, was a member of [405]*405the association called Division No. 112 of the New England Protective Union.

2. Nor does it appear that on settling the affairs of the association, and paying its debts, there would be any money or property left which would belong to the defendant. He would be entitled to nothing until the trust on which the property was placed in the hands of the trustees of the association had been fully performed.

It not being shown by the answer or otherwise that the persons summoned as trustees have any goods, effects or credits of the principal defendants in their hands, this process will not lie. Porter v. Stevens, 9 Cush. 530. Trustees discharged

Free access — add to your briefcase to read the full text and ask questions with AI

Bigelow, J.

The answers of the persons summoned as trustees leave two essential facts in doubt, which should affirmatively appear in order to charge them as trustees of the defendant.

1. There is no satisfactory evidence that the defendant, a the time of the service of the trustee process, was a member of [405]*405the association called Division No. 112 of the New England Protective Union.

2. Nor does it appear that on settling the affairs of the association, and paying its debts, there would be any money or property left which would belong to the defendant. He would be entitled to nothing until the trust on which the property was placed in the hands of the trustees of the association had been fully performed.

It not being shown by the answer or otherwise that the persons summoned as trustees have any goods, effects or credits of the principal defendants in their hands, this process will not lie. Porter v. Stevens, 9 Cush. 530. Trustees discharged

Cite This Page — Counsel Stack

Bluebook (online)

77 Mass. 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driscoll-v-hoyt-mass-1858.