Knight v. Bowley
Cases that cite this one
7 later published cases cite this decision.
- Philip Richenburg Insurance Agency, Inc. v. Ruscito Contracting Co. (Mass. Dist. Ct., App. Div. 1966)
- Singarella v. City of Boston (Mass. Dist. Ct., App. Div. 1953)
- Jordan v. Lavin (Mass. 1946)
- Krogman v. Rice Bros. (Mass. 1922)
- Midway Five Oil Co. v. Citizens National Bank (Cal. Ct. App. 1914)
- Foster v. Singer (Wis. 1887)
- Fuller v. O'Brien (Mass. 1877)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The alleged trustee had in his hands a check of a third party payable to his order, which had not been paid at the time of the service of the plaintiff’i writ, and which, by the terms on which he received it, was not then presentable. He is not chargeable for this. Hancock v. Colyer, 99 Mass. 187.
The plaintiffs claim that he is chargeable because he agreed not to present the check for payment until after twelve and a half o’clock of the day of its date. If the effect of this agreement was to create a debt due absolutely to the principal defendants, the alleged trustee would be chargeable. But he states in his answer that the defendants and other owners of the vessel placed the whole matter of the sale in his hands, to act according to his judgment. The agreement for delay in presenting the check, therefore, was not a breach of his instructions or a violation of his duty, which would render him absolutely liable to the owners for the amount of the check. Trustee discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.