Thayer v. Southwick

Massachusetts Supreme Judicial Court

Thayer v. Southwick

74 Mass. 229

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1857

StatusPublished

Cited by1 cases

This text of 74 Mass. 229 (Thayer v. Southwick) 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

Thayer v. Southwick, 74 Mass. 229 (Mass. 1857).

Pincite

Opinion

Shaw, C. J.

The original cause of action did not render the city liable as trustee, because it is a cause of action arising from tort. The verdict did not convert it into a debt; no action of debt would lie on it. It could not constitute a debt till judgment should be rendered on it; and when judgment was rendered on it, it was too late for the city to plead it, or otherwise bring it to the notice of the court. The city owed the principal nothing when the trustee writ was served on them.

Trustee discharged

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Shaw, C. J.

The original cause of action did not render the city liable as trustee, because it is a cause of action arising from tort. The verdict did not convert it into a debt; no action of debt would lie on it. It could not constitute a debt till judgment should be rendered on it; and when judgment was rendered on it, it was too late for the city to plead it, or otherwise bring it to the notice of the court. The city owed the principal nothing when the trustee writ was served on them.

Trustee discharged

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Bluebook (online)

74 Mass. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thayer-v-southwick-mass-1857.

Opinion

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