Shuttlesworth v. Noyes

Massachusetts Supreme Judicial Court
Shuttlesworth v. Noyes, 8 Mass. 229 (Mass. 1811)
Sedgwick

Shuttlesworth v. Noyes

Opinion of the Court

* Sedgwick, J.,

said in substance, that the Court had a strong desire to protect this demand against attachments made by the creditors of the husband, if it could be done consistently with established principles of law; but that it was very clear that a note payable to a feme covert is legally payable to the husband, and the property vests absolutely in him. He alone, during his life, has power to enforce payment or discharge the demand; and after his death, it would go to his executor or administrator, and not to the wife. It was therefore the opinion of the Court, that this demand was well attached by this process, and that Downs must be adjudged to be the trustee of Noyes, the principal defendant.

Reference

Full Case Name
Jeremiah Shuttlesworth versus James Noyes and Oliver Downs, his Trustee
Cited By
13 cases
Status
Published