Legal Opinion

Potter v. Cain

Massachusetts Supreme Judicial Court

Decided March 1, 1875PublishedCited by 6 opinions

Trustee process. Writ dated April 10, 1873. The Hamilton Woollen Company, summoned as trustee, answered, denying that, at the time of service on it, it had in its hands and possession any goods, credits and effects of the principal defendant, liable to he taken in said process ; and alleging that when service was made the defendant was at work for the trustee, in common with the other workmen in its employ, under a special contract in writing under seal, dated June 1,1872,…

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Trustee process. Writ dated April 10, 1873. The Hamilton Woollen Company, summoned as trustee, answered, denying that, at the time of service on it, it had in its hands and possession any goods, credits and effects of the principal defendant, liable to he taken in said process ; and alleging that when service was made the defendant was at work for the trustee, in common with the other workmen in its employ, under a special contract in writing under seal, dated June 1,1872, and signed by the company and Cain, a copy whereof is in the margin; * that the contract was delivered to the trustee,…

1Opinion of the CourtAmes, J.

In Hunt v. Otis Company, 4 Met. 464, which was a suit for wages against a manufacturing corporation, the defence was that, by a regulation of the company made known to the plaintiff before entering their service, all persons in their employment were required to give four weeks’ notice of their intention to leave; that the plaintiff had left without giving such notice, and had therefore forfeited her wages and was not entitled to maintain the action. The court held that this defence was insufficient, and in the judgment, delivered by Mr. Justice Hubbard, it is remarked that the failure of the…

2Cited by6 opinions

  1. Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
  2. Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
  3. Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
  4. Preston v. American Linen Co.Massachusetts Supreme Judicial Court · 1876
  5. VanVleet v. StrattonTennessee Supreme Court · 1892

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