Legal Opinion

Cox v. Central Vermont Railroad

Massachusetts Supreme Judicial Court

Decided April 4, 1905PublishedCited by 7 opinions

Eleven actions oe contract, numbered on the docket of the Superior Court for the county of Suffolk from 62 to 72 inclusive, against the Central Yermont Railroad Company in which the Boston and Maine Railroad was summoned as trustee.

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Eleven actions oe contract, numbered on the docket of the Superior Court for the county of Suffolk from 62 to 72 inclusive, against the Central Yermont Railroad Company in which the Boston and Maine Railroad was summoned as trustee. Writs dated December 8, 1890. The liability of the defendant in these actions was determined at a previous stage of the cases, as reported in 170 Mass. 129. On June 21, 1898, the Superior Court upon a motion of the plaintiffs that the alleged trustee be charged upon its answers made the following order: “ As it appears by its answers to the plaintiffs’…

1Opinion of the CourtKnowlton, C. J.

The question in these cases is whether the Boston and Maine Railroad, summoned as trustee, shall be charged upon its answers. The eases have been pending many years, and different answers have been filed at different times, and various proceedings have been had to determine the liability of the trustee. On December 1, 1902, an answer was filed in addition to and in amendment of the former answers, which purports to give with much fulness the facts in regard to the various questions now before us. We are of opinion that the previous proceedings do not affect the rights of the parties to rely…

2Cases cited5 opinions

  1. First National Bank of Clinton v. BrightMassachusetts Supreme Judicial Court · 1879
  2. Emery v. BidwellMassachusetts Supreme Judicial Court · 1885
  3. Seward v. ArmsMassachusetts Supreme Judicial Court · 1887
  4. Bostwick v. BassMassachusetts Supreme Judicial Court · 1868
  5. Van Camp Hardware & Iron Co. v. PlimptonMassachusetts Supreme Judicial Court · 1899

3Cited by7 opinions

  1. Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
  2. Matthew Cummings Co. v. GrandeMassachusetts Supreme Judicial Court · 1933
  3. Eastern Fur & Skin Co. v. SternfeldMassachusetts Supreme Judicial Court · 1919
  4. Arlington Trust Co. v. Le VineMassachusetts Supreme Judicial Court · 1935
  5. Koontz v. Baltimore & Ohio RailroadMassachusetts Supreme Judicial Court · 1915

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