Every person who receives money to be paid to another, or to be applied to a particular purpose to which he does not apply it, is a trustee, and may be sued either at law for money had and received, or in equity, as a trustee, for a breach of trust. The Central Law Journal - Page 3901801Full view - About this book
| New York (State). Court of Chancery, William Johnson - 1824 - 748 pages
...comprehensive sense Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose...which he does not apply it, is a trustee, and may be 1823. sued either at law for money had and received, or in v-^~v^/ equity, as a trustee, fora breach... | |
| New Jersey. Court of Chancery - 1892 - 734 pages
...comprehensive sense. Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose...not apply it, is a trustee, and may be sued either Gutch i!. Fosdick. at law for money had and received or in equity as a trustee for a breach of trust."... | |
| Pennsylvania. Supreme Court, Frederick Watts, Henry Jonathan Sergeant - 1842 - 614 pages
...afterwards, show clearly that the trust was express and direct. Every person who receives money to be paid to another, or to be applied to a particular purpose,...or in equity, as a trustee for a breach of trust, per Chief Justice Willes in Scott v. Surman, Wittes' Rep. 404, 405. The reciprocal rights and duties,... | |
| Arkansas. Supreme Court - 1859 - 738 pages
...comprehensive sense. Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose,...or in equity as a trustee, for a breach of trust. (citing Scott vs. Surman, Wi/les Rep. 404, 405.) The reciprocal rights and duties, founded upon the... | |
| James Philemon Holcombe - 1846 - 376 pages
...comprehensive sense. Every deposit is a dinect trust. Every per.son who receives money, to be paid to another, or to be applied to a particular purpose, to which he does not apply it, is a trustee, and sueable, either in law or equity. The several contracts of bailment, which, according to Sir William... | |
| United States. Supreme Court - 1847 - 668 pages
...his own benefit." Sweet v. Jacocks, 6 Paige, 365. So, " every person who receives money to be paid to another, or to be applied to a particular purpose,...or in equity, as a trustee, for a breach of trust." Kane ยป. Bloodgood, 7 Johns. Ch. 110 ; Scott v. Surman, Willes, 404 ; Shakeshaft's case, 3 Bro. Ch.... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 pages
...his own benefit." Sweet v. Jacocks, 6 Paige, 364. So, " every person who receives money to be paid to another, or to be applied to a particular purpose,...or in equity, as a trustee, for a breach of trust." Kane v. Bloodgood, 7 Johns. Ch. Rep. 110 ; Scott v. Surman, Willes, 404 ; Shakeshaft's case, 3 Bro.... | |
| 1892 - 554 pages
...comprehensive sense. Every deposit is a direct trust. Every person who receive!l money to be paid to another, or to be applied to a particular purpose,...money had and received, or in equity, as a trustee fora breach of trust." From the examination of a large number of decisions the chancellor deduces thia... | |
| Ohio. Supreme Court - 1901 - 704 pages
...Taylor v. Benham, 46 US (5 How.), 232, it is said: ' "Every person who receives money to be paid to another, or to be applied to a particular purpose,...or in equity as a trustee, for a breach of trust.' " Keaton v. Greenwood, 8 Ga., 97. Whenever the liability is that of a bailiff, receiver, factor or... | |
| 1903 - 1250 pages
...comprehensive sense. Every deposit Is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose...or in equity, as a trustee, for a breach of trust Scott v. Surinan, Willes, 404. The reciprocal rights and duties founded upon the various species of... | |
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