Musolino, LoConte Co. v. Costa

This is an action of contract by a Massachusetts corporation against a resident of Genoa in Italy. The First National Bank of Boston was summoned as trustee of the goods, effects and credits of the defendant. The trustee answered under the penalties of perjury (G. L. [Ter. Ed.] c. 4, § 6, Sixth; c. 268, § 1A; c. 246, § 11) that at the time of the service upon it, it had no goods, effects or credits of the defendant in its hands, possession or control, unless it is chargeable by reason of certain facts set forth in the answer.

Those facts were stated merely upon information and belief, and were…