Norton v. Ray

Massachusetts Supreme Judicial Court

Norton v. Ray

29 N.E. 662, 139 Mass. 230, 1885 Mass. LEXIS 70

CourtMassachusetts Supreme Judicial Court

DecidedMay 8, 1885

StatusPublished

Cited by6 cases

This text of 29 N.E. 662 (Norton v. Ray) 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

Norton v. Ray, 29 N.E. 662, 139 Mass. 230, 1885 Mass. LEXIS 70 (Mass. 1885).

Pincite

Opinion

W. Allen, J.

The plaintiff’s only remedy is in equity. The case discloses a trust, and cannot be brought within the decisions in which it has been held that an action for money had and received will lie against a trustee by a cestui que trust to recover a liquidated sum due to him under the trust. Johnson v. Johnson, 120 Mass. 465, and cases cited. Davis v. Coburn, 128 Mass. 377. Judgment for the defendant.

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W. Allen, J.

The plaintiff’s only remedy is in equity. The case discloses a trust, and cannot be brought within the decisions in which it has been held that an action for money had and received will lie against a trustee by a cestui que trust to recover a liquidated sum due to him under the trust. Johnson v. Johnson, 120 Mass. 465, and cases cited. Davis v. Coburn, 128 Mass. 377. Judgment for the defendant.

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Bluebook (online)

29 N.E. 662, 139 Mass. 230, 1885 Mass. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norton-v-ray-mass-1885.

Opinion

W. Allen, J.

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