Legal Opinion

Tracy v. Waters

Massachusetts Supreme Judicial Court

Decided January 2, 1895PublishedCited by 6 opinions

Tbustee pbocess. Writ dated January 5, 1888. The defendant was defaulted. A. C. Webber, summoned as trustee, admitted that, at the time of service upon him, there was in his hands the sum of $25 due the defendant.

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Tbustee pbocess. Writ dated January 5, 1888. The defendant was defaulted. A. C. Webber, summoned as trustee, admitted that, at the time of service upon him, there was in his hands the sum of $25 due the defendant. Edward B. James appeared as claimant of the funds in the hands of the trustee, by virtue of an assignment to him, under seal, dated July 13, 1887, signed by the defendant, and duly recorded, of all claims and demands which the defendant then had and might at any time have against the trustee for all sums of money due and to become due “ for services rendered under my contract ” with…

1Opinion of the CourtBarker, J.

The defendant had assigned to the claimant all his rights to any money due or to become due to the defendant for services under the contract. The meaning of the word “ services ” is broad enough to include expenditures as well as labor. See Somers v. Keliher, 115 Mass. 165, 167.

Judgment discharging the trustee to he entered in accordance with the finding.

2Cases cited1 opinion

  1. Somers v. KeliherMassachusetts Supreme Judicial Court · 1874

3Cited by6 opinions

  1. Commissioner of Revenue v. AMIWoodbroke, Inc.Massachusetts Supreme Judicial Court · 1994
  2. Meyer v. LivesleyOregon Supreme Court · 1910
  3. Oregon Willamette Lumber Corp v. Lincoln CountyOregon Supreme Court · 1962
  4. Bennett v. HogeCalifornia Court of Appeal · 1930
  5. In re O'DonnellDistrict Court, D. Massachusetts · 1904

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