Chester v. McDonald
Massachusetts Supreme Judicial Court
CONTRACT on a promissory note for $173 and interest, begun by a trustee process in which Elmer C. Willison was summoned as trustee. Writ in the Municipal Court of the City of Boston dated September 5,1901. The defendant was defaulted, and on June 25,1902, the trustee filed an answer showing funds in his hands amounting to $121.38. On June 28,1902, William Reynolds was admitted as an adverse claimant, claiming the funds in the hands of the trustee by virtue of an assignment.
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CONTRACT on a promissory note for $173 and interest, begun by a trustee process in which Elmer C. Willison was summoned as trustee. Writ in the Municipal Court of the City of Boston dated September 5,1901. The defendant was defaulted, and on June 25,1902, the trustee filed an answer showing funds in his hands amounting to $121.38. On June 28,1902, William Reynolds was admitted as an adverse claimant, claiming the funds in the hands of the trustee by virtue of an assignment. On appeal to the Superior Court the case was tried before Bond, J., without a jury. It appeared, that on July 8, 1901,…
1Opinion of the CourtBraley, J.
It appears that the defendant was a maker of granite monuments for mortuary uses, buying the rough material from quarrymen and then fashioning the stone into the required form at his yard. No part of the work required to cut the stone into the finished monument was either done by him or especially under his direction, but the labor was performed by his workmen over whom when present he exercised a general superintendence, while in his absence they were under a “ working foreman.” It was understood by the buyer that the monument for which he contracted, and that actually furnished, was such as…
2Cases cited5 opinions
- Kendall v. KingsleyMassachusetts Supreme Judicial Court · 1876
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Jenks v. DyerMassachusetts Supreme Judicial Court · 1869
- Somers v. KeliherMassachusetts Supreme Judicial Court · 1874
- Jason v. AntoneMassachusetts Supreme Judicial Court · 1881
3Cited by10 opinions
- Derinza's CaseMassachusetts Supreme Judicial Court · 1918
- Powers's CaseMassachusetts Supreme Judicial Court · 1931
- William Gilligan Co. v. CaseyMassachusetts Supreme Judicial Court · 1910
- Federico's CaseMassachusetts Supreme Judicial Court · 1933
- Blozina v. Castile Mining Co.Michigan Supreme Court · 1920
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