Massachusetts Supreme Judicial Court, 1894

Stillings v. Young

Stillings v. Young
Massachusetts Supreme Judicial Court · Decided May 16, 1894 · Barker
161 Mass. 287; 37 N.E. 175; 1894 Mass. LEXIS 176
Stillings v. Young

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Barker, J.

The exceptions must be sustained because the answer of the defendants, that the money owing from them to Turner was due to him and one Rideout as copartners, was one which the defendants could make, and which must be regarded as true. Pub. Sts. c. 183, § 53. Varian v. New England Mutual Accident Association, 156 Mass. 1, 3, and cases cited. Bostwick v. Bass, 99 Mass. 469. That the debt was due to Turner and Rideout jointly as copartners was not matter of abatement, to be pleaded by the alleged trustees in the original action. They were not chargeable as trustees of Turner in respect of the debt due to his copartnership. Hawes v. Waltham, 18 Pick. 451. Bulfinch v. Winchenbach, 3 Allen, 161.

Exceptions sustained.

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