Williams v. Dwinelle

Citations

• 51 Cal. 442
• 1876 Cal. LEXIS 77

Syllabus

<p>Adjudging Trustee Guilty of Contempt.—The provisions of the Code permitting the court to adjudge a party guilty of contempt, who has in his possession, as a trustee, money which he fails to deliver to the cestui que trust, or to the clerk of the court, after an order made requiring such delivery, do not apply to a case where the trust fund is made up in part of money which the trustee ought to have received hut has not received, such as interest which he has failed to receive by having neglected to place trust funds in his hands out at interest.</p> <p>'Courts of Equity and Trustees.-—It was not the practice of courts of equity to adjudge a party guilty of contempt who failed to obey an order to deliver up money held in trust, unless the money was at the time actually in the hands of the trustee, or, having been in his hands, had been paid out by him under such circumstances as would involve a breach of trust.</p>