Train v. Kendall
Massachusetts Supreme Judicial Court
Trustee process. The Franklin Paper Company, a corporation established by law in this Commonwealth, summoned as trustee of the principal defendants, answered that, on November 16, 1882, it made a promissory note for $1000, payable in this Commonwealth, four months after date, to the order of the defendants ; and that payment of the note was claimed by Frank L. Hall, assignee of the defendants. The writ was served on the trustee after the note became payable.
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Trustee process. The Franklin Paper Company, a corporation established by law in this Commonwealth, summoned as trustee of the principal defendants, answered that, on November 16, 1882, it made a promissory note for $1000, payable in this Commonwealth, four months after date, to the order of the defendants ; and that payment of the note was claimed by Frank L. Hall, assignee of the defendants. The writ was served on the trustee after the note became payable. Hall appeared as claimant, and alleged, that, before this action was begun, an indenture was executed, on November 25, 1882, between the…
1Opinion of the CourtField, J.
The claimant excepts to the ruling, that the facts stated by him are insufficient in law to enable him to maintain his claim. The law of the State of New York is a fact; and the claim states that, by this law, the assignment is valid. If we assume, as the plaintiffs contend, that, as the Franklin Paper Company is a Massachusetts corporation, the validity of the assignment of a debt due from it to an inhabitant of New York, as against his Massachusetts creditor, must be determined by the law of Massachusetts, the objection is taken that this assignment is invalid by the law of Massachusetts,…
2Cases cited2 opinions
- May v. WannemacherMassachusetts Supreme Judicial Court · 1872
- National Mechanics' & Traders' Bank v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1871
3Cited by10 opinions
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Barnett v. KinneySupreme Court of the United States · 1893
- Butler v. WendellMichigan Supreme Court · 1885
- Bloomingdale v. WeilWashington Supreme Court · 1902
- Frank v. BobbittMassachusetts Supreme Judicial Court · 1891
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