Legal Opinion
Alfano v. Donnelly
Massachusetts Supreme Judicial Court
Decided March 26, 1934PublishedCited by 25 opinions
1Opinion of the CourtLummus, J.
The writ in this action of contract describes the defendant as “Trustee under the will of Edward C. Donnelly, doing business under the firm name and style of John Donnelly & Sons.” Strictly, all that is surplusage. Apart from statute, common law practice knows no such thing as an action against a trustee in his trust capacity. Executors and administrators, sued for debts of the deceased, are wholly different. In contemplation of law, the present action is against Mary J. Donnelly individually, and if she is liable judgment will be rendered against her as an individual. Carr v. Leahy, 217…
2Cases cited18 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Larson v. SylvesterMassachusetts Supreme Judicial Court · 1933
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
- Blanchard v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1869
- Seretto v. SchellMassachusetts Supreme Judicial Court · 1923
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Johnson-Foster Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1943
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934
- Dolben v. GleasonMassachusetts Supreme Judicial Court · 1935
20 more not listed; retrieve them via the Exa API.