Legal Opinion

Dunbar v. Rosenbloom

Massachusetts Supreme Judicial Court

Decided May 23, 1918PublishedCited by 2 opinions

Contract on an account annexed for $40,000, the account containing a single item of that amount for “ Commissions for sale of merchandise and whiskey certificates,” many residents of this Commonwealth being summoned as trustees.

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Contract on an account annexed for $40,000, the account containing a single item of that amount for “ Commissions for sale of merchandise and whiskey certificates,” many residents of this Commonwealth being summoned as trustees. Writ dated September 15, 1917. The defendant, being a citizen and resident of the city of Pittsburgh in the State of Pennsylvania, filed on January 14, 1918, a petition for the removal of the case to the District Court of the United States for the District of Massachusetts, presenting therewith a bond in accordance with the requirements of § 29 of the Judicial Code,…

1Opinion of the CourtRugg, C. J.

This action of contract was commenced by trustee writ returnable in the Superior Court on the’ first Monday of November, 1917. The plaintiff is alleged to be a resident of Boston and the defendant a resident of Pittsburgh in the State of Pennsylvania. Numerous residents of .this Commonwealth were named as trustees. No service of the writ was made upon the defendant, and he' did not appear in court until January 14,

1918, when he appeared specially to file a petition for the removal of the cause to the District Court of the United States for the District of Massachusetts on the ground of…

2Cases cited15 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  3. In Re MooreSupreme Court of the United States · 1908
  4. Ex Parte WisnerSupreme Court of the United States · 1906
  5. Bacon v. RivesSupreme Court of the United States · 1882

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3Cited by2 opinions

  1. Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
  2. Atlantic National Bank v. Hupp Motor Car Corp.Massachusetts Supreme Judicial Court · 1938

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