Whitney v. Munroe
Supreme Judicial Court of Maine
It appeared in this case, from the disclosure of the trustees, that on the 24th of Oct. 1839, Joseph S. Munroe and Joseph Goodwin made a contract with Ira Crocker as agent for the Bank of Cumberland, by which they were to cut and haul lumber, for the bank, on land in No. 3, R 12, near Chesuncook, and were to be' paid therefor, on the completion of their labor, by the bank according to certain terms and conditions specified in the contract.
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It appeared in this case, from the disclosure of the trustees, that on the 24th of Oct. 1839, Joseph S. Munroe and Joseph Goodwin made a contract with Ira Crocker as agent for the Bank of Cumberland, by which they were to cut and haul lumber, for the bank, on land in No. 3, R 12, near Chesuncook, and were to be' paid therefor, on the completion of their labor, by the bank according to certain terms and conditions specified in the contract. It appeared that they went on under this contract and complied with its terms, and that at the time of the service of the Plaintiffs’ writ there was due…
1Opinion of the Court
The opinion of the Court was delivered by
Weston C. J.
The policy of the law of foreign attachment is, to render the effects and credits of the principal debt- or, in the hands of the trustee, available for the benefit of the creditor. The law should receive a liberal construction, in furtherance- of this object. With respect to credits, one of the usual tests, to determine the question, whether trustee or not, is, whether the principal has, or has not, a right of action against the supposed trustee. But this test is not in all cases necessarily decisive, as there are exceptions .to its…
2Cited by4 opinions
- Graf v. WilsonOregon Supreme Court · 1912
- Everett v. BollesHawaii Supreme Court · 1875
- Perry v. BlatchCourt of Appeals of Kansas · 1896
- Kassow v. FeldmanPennylvania Municipal Court, Philadelphia County · 1935