Opinion · Massachusetts Supreme Judicial Court

Touro v. John Coates & Trustees

10 Mass. 25

Type
Opinion
Court
Massachusetts Supreme Judicial Court
Jurisdiction
Massachusetts
Date
1813-03-15
Topic
general

They also observed that the statute, (1) in authorizing a service upon a trustee, by leaving a copy at his usual place of abode, could not intend the case of one absent at sea, who could not obtain knowledge of the service for a long time. The provision was meant to guard against the fraudulent avoidance of persons liable as trustees. As the trustee came in and disclosed at the first term after his return from sea, the Court awarded him his costs, considering him within the equity of the statute. ADDITIONAL NOTE [See, as to service of writs, Ames vs. Winsot, 19 Pick. 247. — F.

Citator

UpLaw has not yet analyzed Touro v. John Coates & Trustees. The absence of a flag is not a finding that it is good law.

They also observed that the statute, (1) in authorizing a service upon a trustee, by leaving a copy at his usual place of abode, could not intend the case of one absent at sea, who could not obtain knowledge of the service for a long time. The provision was meant to guard against the fraudulent avoidance of persons liable as trustees.

As the trustee came in and disclosed at the first term after his return from sea, the Court awarded him his costs, considering him within the equity of the statute.

ADDITIONAL NOTE

[See, as to service of writs, Ames vs. Winsot, 19 Pick. 247. — F. H.]

Stat. 1794, c. 65.