Wilde v. Mahaney
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due on a promissory note made by the defendant and payable to the plaintiff or his order, the Natick Five Cents Savings Bank being summoned as trustee, and John J. Scott appearing as claimant.
Read the full summary
Contract for a balance alleged to be due on a promissory note made by the defendant and payable to the plaintiff or his order, the Natick Five Cents Savings Bank being summoned as trustee, and John J. Scott appearing as claimant. Writ in the First District Court of Southern Middlesex dated April 18, 1901. On appeal to the Superior Court the case was tried before Lawton, J. It appeared that theretofore the defendant Mahaney had brought an action against the Natick Five Cents Savings Bank for breach of the covenant of quiet enjoyment in a lease and that a verdict was returned in favor of…
1Opinion of the CourtLoring, J.
This case was begun in the First District Court of Southern Middlesex by a writ of trustee process. The trustee filed an answer setting forth that before the service of the trustee writ the principal defendant recovered a verdict against it in the sum of $161, and it recovered a verdict against the principal defendant of $24, and that judgments had not been rendered on either verdict. The claimant appeared in that court and filed a claim in which he set forth in effect that the verdict against the trustee was made in an action to enforce a cause of action not *457the subject of trustee process,…
2Cases cited12 opinions
- Capes v. BurgessIllinois Supreme Court · 1890
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Bennett v. SweetMassachusetts Supreme Judicial Court · 1898
- Wentworth v. WhittemoreMassachusetts Supreme Judicial Court · 1805
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- New Hampshire Insurance v. McCannMassachusetts Supreme Judicial Court · 1999
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- James J. Sullivan, Inc. v. Cann's Cabins, Inc.Massachusetts Supreme Judicial Court · 1941
31 more not listed; retrieve them via the Exa API.