R. L. Gourley Co. v. Middlesex Engineering & Equipment Corp.

Action of contract commenced by trustee writ with an ad-damnum of $1,000 to enforce a claim against the defendant in the amount of $728 plus interest. The defendant filed a general denial and the trustee answered “no funds”. Later the defendant was defaulted. On August 30, 1960 the plaintiff filed interrogatories directed to the trustee. No answers were filed. On February 20, 1961 the plaintiff filed a substitute set of interrogatories to the trustee. Certain of these interrogatories were answered by the trustee and the answers revealed:(1) That at the time these trustee proceedings were…