Collins v. Smith
Massachusetts Supreme Judicial Court
Trustee process, returnable at March term 1855 of the superior court of Suffolk. The plaintiff and defendant resided in Connecticut.
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Trustee process, returnable at March term 1855 of the superior court of Suffolk. The plaintiff and defendant resided in Connecticut. Parker, White and Gannett, partners doing business in Boston, being summoned as trustees, appeared and filed general answers, and afterwards specific answers to interrogatories of the plaintiff, in which they stated that Smith, the principal defendant, consigned to them a quantity of merchandise for sale, under an agreement that they should make advances thereon to half its value, or more if they should think proper, by their promissory notes, to be paid by the…
1Opinion of the CourtMerrick, J.
This case was tried by the superior court, upon allegations of facts, filed by the plaintiff, concerning which the parties who had been summoned as trustees of the defendants made no statement in their original answer. They had, however, by leave of court, after the allegations of facts had been duly filed, and after the parties had proceeded to take, in the form of depositions, the testimony of several witnesses preparatory to the trial, made a further and additional answer, which contained full and distinct statements relative to the same facts to which the allegations filed by the…
2Cases cited1 opinion
- Gross v. JonesCourt of Appeals of Kentucky · 1860
3Cited by2 opinions
- Mitchell v. WyckoffSupreme Court of Connecticut · 1936
- Yandell v. White City Amusement Park, Inc.District Court, D. Massachusetts · 1964