Doyle v. Gray
Massachusetts Supreme Judicial Court
Trustee process. R. P. Cooke, C. Jones and E. Plunket, doing business under the firm name of R. P. Cooke & Company, summoned as trustees, denied that they had any goods, effects or credits of the defendant in their hands. The plaintiff filed interrogatories to the trustees, which they answered. From their answers it appeared that they had employed the defendant to grade a part of the Boston, Barre .and Gardner Railroad, and that he had broken and abandoned the contract.
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Trustee process. R. P. Cooke, C. Jones and E. Plunket, doing business under the firm name of R. P. Cooke & Company, summoned as trustees, denied that they had any goods, effects or credits of the defendant in their hands. The plaintiff filed interrogatories to the trustees, which they answered. From their answers it appeared that they had employed the defendant to grade a part of the Boston, Barre .and Gardner Railroad, and that he had broken and abandoned the contract. The other facts are stated in the opinion. In the Superior Court the trustees were charged on their an* swers, and appealed.
1Opinion of the CourtMobton, J.
The answers of the alleged trustees disclose that Gray, the principal defendant, worked for them from the middle of May to the middle of July 1870, under a written contract, of which a copy is annexed; and that about the middle of July, Gray, without any cause, refused to complete and abandoned the contract.
The contract provides that eighty-five per cent, of the engineer’s estimate of the amount of work done by Gray should be paid monthly, and the balance when the whole work was completed according to the contract and accepted. The eighty-five per cent, of the amount earned by Gray in May was…
2Cases cited1 opinion
- Whitney v. DinsmoreMassachusetts Supreme Judicial Court · 1850
3Cited by7 opinions
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- Johnson v. Geneva Publishing Co.Supreme Court of Missouri · 1894
- Union Pac. R'y Co. v. GibsonSupreme Court of Colorado · 1890
- Nutter v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1882
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