Pettingill v. Androscoggin R. R.
Supreme Judicial Court of Maine
Exceptions from the ruling at Nisi JPrius of Datis, J., charging the trustee, upon the following disclosure : — Interrogatory lsi. Had you on the 10th of August, 1861, at the time the writ in said action was served on you, any goods, effects, moneys or credits in your hands or possession of the Androscoggin Railroad Company ? Answer.
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Exceptions from the ruling at Nisi JPrius of Datis, J., charging the trustee, upon the following disclosure : — Interrogatory lsi. Had you on the 10th of August, 1861, at the time the writ in said action was served on you, any goods, effects, moneys or credits in your hands or possession of the Androscoggin Railroad Company ? Answer. I had not unless I shall be held chargeable under the following circumstances : — As an individual I had nothing; but, as station agent at Wilton Station, I had in my possession, made up and charged on my books as paid to the treasurer, but not actually forwarded…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
By the Massachusetts statute of 1794, c. 65, " any person having any goods, effects, or credits, so entrusted or deposited in the hands of others that the same cannot he attached by the ordinary process,” may bo sued by the process of foreign attachment, and the person having such possession be charged as trustee. That provision was incorporated into our statutes of 1821, c. 61; and, though there have been some verbal changes in the subsequent revisions, the form of the writ, (c. 63, § 6,) directing the alleged trustee to be summoned, for the…
2Cases cited3 opinions
- Burlingame v. BellMassachusetts Supreme Judicial Court · 1820
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Clark v. BrownMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Swift & Co. v. Centerville Co.Supreme Court of Louisiana · 1926
- Mayo v. HansenWisconsin Supreme Court · 1896
- Mueth v. SchardinMissouri Court of Appeals · 1877