Davis v. United States Bobbin & Shuttle Co.
Supreme Judicial Court of Maine
Action of scire facias against defendant which company was sued in a former action as trustee of principal defendant, the trustee and principal defendant being defaulted in said action. From the ruling of the presiding Justice certain exceptions were filed by plaintiff. Exceptions overruled. Case stated in opinion.
1Opinion of the CourtCobnish, C. J.
This is an action of scire facias. The present plaintiff, Davis, brought an action of assumpsit against one Bean, a lumber operator, to recover the sum of $1861.77 for supplies, and trusteed the United States Bobbin and Shuttle Company with which corporation Bean had a contract for the sale of his logs. Both Bean and the Shuttle Company were defaulted in the original suit and execution was issued. This suit was then brought. It is admitted that the balance due to Bean from the trustee and in its hands at the time of the service of the original writ was $389.30, which sum has been paid to the…
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