Thompson v. Dyer
Supreme Judicial Court of Maine
On exceptions by plaintiff. Assumpsit on account annexed for merchandise sold and delivered by plaintiffs to principal defendant previous to October 6, 1899, amounting to $276.11 and interest thereon to date of writ, amounting to $6.43, the total amount of the account annexed being $282.54. Frank L. Shaw of Machias, was alleged in the writ to be trustee of the goods, effects and credits of the principal defendant.
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On exceptions by plaintiff. Assumpsit on account annexed for merchandise sold and delivered by plaintiffs to principal defendant previous to October 6, 1899, amounting to $276.11 and interest thereon to date of writ, amounting to $6.43, the total amount of the account annexed being $282.54. Frank L. Shaw of Machias, was alleged in the writ to be trustee of the goods, effects and credits of the principal defendant. Service was duly made on the trustee on February 9, 1900. The writ was returnable to the April Term, 1900, of the Supreme Judicial Court, in and for Washington County, and was duly…
1Opinion of the CourtEmery, J.
The contest in this case is wholly over the liability of Mr. Shaw summoned as trustee of the principal defendant. The writ was served upon him Feby. 9, 1900, returnable at the next April Term of Court in Washington County where Mr. Shaw resided. He filed no disclosure nor did he appear and submit to examination at that term, and nothing appears to have been done in this case until the April Term, 1901, when Mr. Shaw filed the usual formulary statement that at the time of the service of the writ upon him he had not in his hands any goods, effects or credits of the principal defendant, and…
2Cases cited2 opinions
- Schneider v. . City of RochesterNew York Court of Appeals · 1899
- Minchin v. MooreMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- R.C. Moore, Inc. v. Les-Care Kitchens, Inc.Supreme Judicial Court of Maine · 2007
- Kinney v. Yoelin Bros. Mercantile Co.Supreme Court of Colorado · 1924
- Mathews v. Underpinning & Foundation Co.Supreme Court of New Jersey · 1939