Eaton v. Newhall
Massachusetts Supreme Judicial Court
Trustee process. Writ dated May 19, 1891, upon which the plaintiff attached, as the property of the principal defendant, and as in her possession, a certain piano, then in the house occupied by her, upon which, at the date of the attachment, May 20, 1891, there were of record two mortgages given by her, one to Sarah F. Heald, dated December 21, 1889, for the nominal consideration of $400, and one to Frank H. Howe, dated May 17, 1890, for the nominal consideration of $75.…
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Trustee process. Writ dated May 19, 1891, upon which the plaintiff attached, as the property of the principal defendant, and as in her possession, a certain piano, then in the house occupied by her, upon which, at the date of the attachment, May 20, 1891, there were of record two mortgages given by her, one to Sarah F. Heald, dated December 21, 1889, for the nominal consideration of $400, and one to Frank H. Howe, dated May 17, 1890, for the nominal consideration of $75. Sarah F. Heald and Frank H. Howe, summoned as trustees, each answered that, at the time of service upon them, they had no…
1Opinion of the CourtMorton, J.
The answers of the trustees would have been more regular if they had set out the facts of the mortgages and the amounts which were claimed to be due upon them. Martin v. Bayley, 1 Allen, 381. Hayward v. George, 13 Allen, 66. Goulding v. Hair, 133 Mass. 78. Instead of that, the trustees answered, “ No funds,” which was in effect submitting themselves to examination touching the validity of their mortgages and the amounts due upon them, and so the plaintiff seems to have understood it. Goulding v. Hair, ubi supra; Simmons v. Woods, 144 Mass. 385, 389. Emery v. Seavey, 148 Mass. 566. He…
2Cases cited3 opinions
- Goulding v. HairMassachusetts Supreme Judicial Court · 1882
- Emery v. SeaveyMassachusetts Supreme Judicial Court · 1889
- Simmons v. WoodsMassachusetts Supreme Judicial Court · 1887
3Cited by1 opinion
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925