Nims v. Spurr
Massachusetts Supreme Judicial Court
Contract, by a deputy sheriff, upon an instrument in writing, signed by the defendants, which recited the attachment by the plaintiff of certain personal property “by virtue of a writ” in favor of the William Rogers Manufacturing Company against the Rogers and Spurr Manufacturing Company; that the attached property was estimated and valued at $10,000 ; and that the writ was returnable to the Supreme Judicial Court to be holden at Greenfield on the second Tuesday of April…
Read the full summary
Contract, by a deputy sheriff, upon an instrument in writing, signed by the defendants, which recited the attachment by the plaintiff of certain personal property “by virtue of a writ” in favor of the William Rogers Manufacturing Company against the Rogers and Spurr Manufacturing Company; that the attached property was estimated and valued at $10,000 ; and that the writ was returnable to the Supreme Judicial Court to be holden at Greenfield on the second Tuesday of April next; and proceeded as follows : “ Now in consideration of the premises, and of said H. G. Nims allowing the above…
1Opinion of the CourtW. Allen, J.
To maintain this action, it must appear that the plaintiff had an interest in the contract, as attaching officer, at the time the demand was made. If the right of the attaching creditor under the attachment had ended, so that it could *212not call upon the officer to enforce such right, the plaintiff would have had no interest in the property or. in the contract to deliver sufficient to sustain the action. Butterfield v. Converse, 10 Cush. 317. Stackpole v. Hilton, 121 Mass. 449. Shumway v. Carpenter, 13 Allen, 68.
The defendant contends that no valid execution had been taken out by the creditor…
2Cases cited1 opinion
- Stackpole v. HiltonMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Dewey v. PeelerMassachusetts Supreme Judicial Court · 1894
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922