Donovan v. Fisher Bros., Inc.

The questions raised by the Report in this ease are the correctness of the trial judge’s allowance of the motion to charge the trustee and his denial of certain Requests for Rulings filed by the Adverse Claimant. It is an action of contract in which the Insurance Company of North America is named as trustee of the principal defendant, who was- defaulted. The Springfield National Bank appeared as an adverse claimant for the funds in the possession of the alleged trustee.

The writ was served on the Trustee on March 15, 1939. The material parts of the Trustee’s answer are as follows:

“Now comes…