Lyon v. Russell
Supreme Judicial Court of Maine
On exceptions from superior court, Kennebec county. The opinion states the case. This writ was served and notice given to the corporation as required by statute. R. 3., c. 81, § 18. And it binds the company, although notice of the service is not communicated to any other officer. Wade on Law of Notice, § 1309 ; 1 Redf.
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On exceptions from superior court, Kennebec county. The opinion states the case. This writ was served and notice given to the corporation as required by statute. R. 3., c. 81, § 18. And it binds the company, although notice of the service is not communicated to any other officer. Wade on Law of Notice, § 1309 ; 1 Redf. Railways, 557; JSTewburg Gar Spring Go. v. Union Rubber Go. 4 Black. 1; Boyd v. G. and 0. Oanal Go. 17 Md. 195 ; Scorpion S. M. Go. v. Marsano, lONev. 370; Alletson v. Ghichester, 12 Moak, 386 ; Curtis v. A. G. and M. R. R. Go. 49 Barb. 148. The Massachusetts statutes, upon…
1Opinion of the CourtLibbey, J.
By R. S., c. 86, § 55, clause seven, a trustee is not chargeable "when service was made on him by leaving a copy, and before actual notice of such service, or reasonable ground to believe that it was made, he paid the debt due to the principal defendant, or gave his negotiable security therefor.”
This provision of the statute applies to a corporation summoned as trustee, when the service of the writ is made on an officer of the corporation, away from its office and place of business, and the debt due the principal defendant is paid by another officer of the corporation, whose duty it is to pay…
2Cases cited1 opinion
- Williams v. KenneyMassachusetts Supreme Judicial Court · 1867