Meacham v. McCorbitt

43 Mass. 352

• Court: Massachusetts Supreme Judicial Court
• Decided: March 15, 1841
• Status: Published

Opinion

Shaw, C. J.

The liability of Simpson to the principal defendants, at the time of the service of the trustee process, was contingent. He had a right to collect the money due on the policy, which, when collected, and after satisfying his own debt, would be the money of the defendants. Till collected, he nad no money of the defendants ; and the right to collect it was a chose in action not attachable by the trustee process. Wood v. Partridge, 11 Mass. 488. We think he stood in no higher responsibility to the defendants, than the assignee of a chose ir action to the assignor, before the debt has been recovered. Lupton v. Cutter, 8 Pick. 298. Tucker v. Clisby, 12 Pick. 22. The validity of the attachment must depend upon the facts, as they existed at the time of the service of the trustee process ; the receipt of the money on the policy, afterwards, did not render the respondent liable as trustee.

Trustee discharged.