
    * Phinehas Upham and Others versus William Naylor and Others, and Giles Lodge, Trustee.
    A, having effects of B, C, and D, was attached as the trustee of C, D, and E, and on examination was discharged.
    Giles Lodge was summoned as the trustee of William, Naylor, John Summers, and Robert Milton, defendants in the action, who were merchants and copartners, doing business at Leeds, in Great Britain, under the firm of Naylor, Summers, Sf Milton. Upon his disclosure in the court below, it appeared' that he held in his hands the proceeds of certain merchandise consigned to him by the said Summers, and Milton, and one Berthwait, who were also merchants and copartners, doing business at the same Leeds, under the firm of Summers, Milton, Sf Berthwait, this last house being the successors of the former firm.
    
      Rockwood for the plaintiffs.
    
      Heard for the trustees.
   The Court

held this case to be within the reason of the decision in the case of Fisk & Al. vs. Herrick and Trustees, and accordingly discharged the trustee, 
      
       6 Mass. Rep. 271.
     
      
      
         [Pierce vs. Jackson, 6 Mass. Rep. 242. — Ed.]
     