Wells v. Greene

Massachusetts Supreme Judicial Court

Wells v. Greene

8 Mass. 504

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1812

StatusPublished

This text of 8 Mass. 504 (Wells v. Greene) 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

Wells v. Greene, 8 Mass. 504 (Mass. 1812).

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Opinion

By the Court.

Mr. Otis is simply the agent of persons in a foreign country. He contracted in that character with the defendant. He disputes the claim of the defendant on behalf of his principals, and acknowledges nothing due from them to Greene. The demand of Greene is upon the copartnership in London, and if he had by action maintained that demand, and recovered a judgment against the copartnership, it would not follow that Otis was answerable as his trustee. Indeed, no state of facts, which could arise out of the transaction stated by him, could fix him as trustee of Greene.

Trustee discharged,.

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By the Court.

Mr. Otis is simply the agent of persons in a foreign country. He contracted in that character with the defendant. He disputes the claim of the defendant on behalf of his principals, and acknowledges nothing due from them to Greene. The demand of Greene is upon the copartnership in London, and if he had by action maintained that demand, and recovered a judgment against the copartnership, it would not follow that Otis was answerable as his trustee. Indeed, no state of facts, which could arise out of the transaction stated by him, could fix him as trustee of Greene.

Trustee discharged,.

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Bluebook (online)

8 Mass. 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-greene-mass-1812.