Gifford v. Rockett
Massachusetts Supreme Judicial Court
Trustee process, begun in the Police Court of Fall River, in which the Fall River Print Works was summoned as trustee. The principal defendant and trustee were there defaulted, and James Featherstone appeared as claimant of the funds in the hands of the trustee, and filed a declaration, to which was annexed an assignment to him, duly recorded, of the wages of the principal defendant due and to be due to her from the “ Robeson Print Works, a corporation doing business in said…
Read the full summary
Trustee process, begun in the Police Court of Fall River, in which the Fall River Print Works was summoned as trustee. The principal defendant and trustee were there defaulted, and James Featherstone appeared as claimant of the funds in the hands of the trustee, and filed a declaration, to which was annexed an assignment to him, duly recorded, of the wages of the principal defendant due and to be due to her from the “ Robeson Print Works, a corporation doing business in said Fall River.” At the trial in the Superior Court, before Wilkinson, J., on appeal, without a jury, the claimant offered…
1Opinion of the CourtAmes, J.
It appears that there is no corporation “ doing business at said Fall River,” which was incorporated under the name of the “ Robeson Print Works.” The evidence tended to show that the corporation upon which' this process was served was known as well by that appellation as by its true corporate name. There is no question as to the identity of the fund which the principal defendant intended to assign to the claimant. The assignment was accepted and acted upon by the trustee, notwithstanding the alleged misnomer. It was recorded in compliance with the St. of 1865, c. 43, § 2; and if there was in…
2Cases cited2 opinions
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Minot v. CurtisMassachusetts Supreme Judicial Court · 1811
3Cited by14 opinions
- Crompton v. WilliamsMassachusetts Supreme Judicial Court · 1913
- William Gilligan Co. v. CaseyMassachusetts Supreme Judicial Court · 1910
- W. W. Britton Inc. v. S. M. Hill Co.Massachusetts Supreme Judicial Court · 1951
- Bridges v. HartMassachusetts Supreme Judicial Court · 1939
- Blanchard v. Stone's Inc.Massachusetts Supreme Judicial Court · 1939
9 more not listed; retrieve them via the Exa API.