207 Mass. 512 | Mass. | 1911
When a trustee, even if he is authorized to do so, borrows money in behalf of his trust and gives a note as trustee, the note is his individual note, Fiske v. Eldridge, 12 Gray, 474, Towne v. Rice, 122 Mass. 67, Plimpton v. Goodell, 126 Mass. 119, and he has a remedy over- against the trust estate of which the note holder can avail himself. In the case at bar the fact that the note in question was signed “ Estate of William R. Clark, by William R. Clark, Jr., Trustee,” does not change this result; the note was the note of Clark. He had no
Exceptions overruled.