Diamond Cork Co. v. Maine Jobbing Co.
Supreme Judicial Court of Maine
Action of assumpsit brought by plaintiff to recover a certain sum of money on an account annexed with trustee process. The principal defendant admitted liability and the question involved related principally to the liability of the trustees; the principal defendant having given a mortgage on its property and the mortgagee was called into court, claiming the fund in the hands of the trustee.
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Action of assumpsit brought by plaintiff to recover a certain sum of money on an account annexed with trustee process. The principal defendant admitted liability and the question involved related principally to the liability of the trustees; the principal defendant having given a mortgage on its property and the mortgagee was called into court, claiming the fund in the hands of the trustee. The presiding Justice rifled that the money disclosed was n,ot held on trustee process, but was held under and by virtue of the mortgage and belongs to the claimant as mortgagee. To this ruling, plaintiff…
1Opinion of the CourtKing, J.
Action of assumpsit on an account annexed. The principal defendant admitted its liability. The trustees disclosed a balance of $551.46, claimed by one Isidor Gordon who appeared as claimant of the fund. The presiding Justice found and ruled that the claimant is entitled to the fund and that the trustees should be discharged. The case comes before this court on plaintiff’s exceptions.
The material facts are not in dispute. October 28,1918, the Maine Jobbing Company, owning and operating a bottling establishment wherein, under a contract with the Coca Cola Company, it bottled and sold coca cola…
2Cited by2 opinions
- Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
- O'Keefe v. O'KeefeSupreme Court of New Jersey · 1924