Massachusetts Supreme Judicial Court, 1885

Norton v. Ray

Norton v. Ray
Massachusetts Supreme Judicial Court · Decided May 8, 1885 · Allen
139 Mass. 230; 29 N.E. 662; 1885 Mass. LEXIS 70

Norton v. Ray

Opinion of the Court

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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