Kendall v. Kingsley
Massachusetts Supreme Judicial Court
Trustee process. The case was submitted to the Superior Court, and, after judgment discharging the trustees, to this court, on appeal, on an agreed statement of facts in substance as follows : F. L. Toppan & Co. were sub-lessees of the defendant of a store in Boston, No. 778 Washington Street, and were summoned as trustees in this action September 24 and October 1,1874. The answer of the alleged trustees disclosed funds of the defendant in their hands to the amount of $225,…
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Trustee process. The case was submitted to the Superior Court, and, after judgment discharging the trustees, to this court, on appeal, on an agreed statement of facts in substance as follows : F. L. Toppan & Co. were sub-lessees of the defendant of a store in Boston, No. 778 Washington Street, and were summoned as trustees in this action September 24 and October 1,1874. The answer of the alleged trustees disclosed funds of the defendant in their hands to the amount of $225, being the monthly instalments of rent which became due from them to the defendant on September 1 and October 1, 1874.…
1Opinion of the CourtGray, C. J.
The word “ earnings,” as used in the St. of 1865, o. 43, § 2, is not indeed limited to wages, but may include compensation for expenditures incurred or materials furnished, under one contract, together with work done or services rendered. Jenks v. Dyer, 102 Mass. 235. Somers v. Keliher, 115 Mass. 165. But it cannot, upon any construction, however liberal, include rents payable under an ordinary contract of lease, which requires no personal services on the part of the lessor. The assignment was not therefore invalidated by not being recorded.
It may be assumed, as argued for the plaintiff, that…
2Cases cited3 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Jenks v. DyerMassachusetts Supreme Judicial Court · 1869
- Somers v. KeliherMassachusetts Supreme Judicial Court · 1874
3Cited by28 opinions
- Hamilton Foundry & MacHine Co. v. International Molders & Foundry Workers Union of North AmericaCourt of Appeals for the Sixth Circuit · 1952
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945
- Croco v. HilleSupreme Court of Kansas · 1903
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