Downing v. Downing
Massachusetts Supreme Judicial Court
Contract, begun by trustee process, wherein the Boston Five Cents Savings Bank and Edith E. Wood were alleged to be trustees. Writ dated April 25, 1914. The plaintiff propounded eleven interrogatories to the trustee Boston Five Cents Savings Bank. The treasurer answered the first two interrogatories stating his name and position with the bank. The other questions he refused to answer “unless so ordered by the court, believing the questions to be immaterial and improper.”
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Contract, begun by trustee process, wherein the Boston Five Cents Savings Bank and Edith E. Wood were alleged to be trustees. Writ dated April 25, 1914. The plaintiff propounded eleven interrogatories to the trustee Boston Five Cents Savings Bank. The treasurer answered the first two interrogatories stating his name and position with the bank. The other questions he refused to answer “unless so ordered by the court, believing the questions to be immaterial and improper.” The third and fourth questions asked whether the defendant was a depositor at the bank dining August, 1910, and if so, when…
1Opinion of the CourtRugg, C. J.
Eleven interrogatories were propounded to the trustee. It answered two and refused to answer the other nine. On motion and after hearing an order was entered by the court *9directing that the remaining interrogatories be answered on or before a certain date. The trustee then answered one further interrogatory and refused to answer the others. It was thereafter defaulted and adjudged a trustee for its failure to answer these interrogatories.
The practice as to interrogatories to those summoned as trustees in actions at law is governed by R. L. c. 189, §§ 9 to 18, and not by St. 1913, c. 815,…
2Cases cited2 opinions
- Cavanaugh v. Merrimac Hat Co.Massachusetts Supreme Judicial Court · 1913
- MacAusland v. TaylorMassachusetts Supreme Judicial Court · 1915
3Cited by4 opinions
- Zani v. Phandor Co.Massachusetts Supreme Judicial Court · 1932
- Hooton v. G. F. Redmond & Co.Massachusetts Supreme Judicial Court · 1921
- Poland v. New Bedford, Woods Hole, Martha's Vineyard & Nantucket Steamship AuthorityMassachusetts Supreme Judicial Court · 1952
- Gill v. StrettonMassachusetts District Court, Appellate Division · 1936