Hopedale Manufacturing Co. v. Clinton Cotton Mills
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a writ of trustee process dated June 25, 1915, seeking to have the defendant Clinton Cotton Mills adjudged indebted to the plaintiff in the sum of $8,096 and interest and to reach and apply in satisfaction of that debt “any money or moneys due or that may hereafter become due from” the defendants Harding and Tilton to the Clinton Cotton Mills “under any contract or contracts now existing” between them.
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Bill in equity, inserted in a writ of trustee process dated June 25, 1915, seeking to have the defendant Clinton Cotton Mills adjudged indebted to the plaintiff in the sum of $8,096 and interest and to reach and apply in satisfaction of that debt “any money or moneys due or that may hereafter become due from” the defendants Harding and Tilton to the Clinton Cotton Mills “under any contract or contracts now existing” between them. The case was heard by McLaughlin, J., on an application for a preliminary injunction against Harding and Tilton, on the bill without an answer, and there were in…
1Opinion of the CourtBraley, J.
The plaintiff, instead of commencing suit by bill with a writ of subpoena according to the usual course of proceedings in equity, inserted the bill in an original writ of summons and attachment by trustee process as permitted by R. L. c. 159, § 8. While the trustees, the individual defendants, are described as within this jurisdiction, the defendant, the Clinton Cotton Mills, a foreign corporation, is described as having its usual place of business without this Commonwealth, and, no personal service having been made, the court is without jurisdiction unless the individual defendants who have…
2Cases cited12 opinions
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
- Snyder v. SmithMassachusetts Supreme Judicial Court · 1904
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- Hoshor-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1906
- Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
- Rosenthal v. MaletzMassachusetts Supreme Judicial Court · 1948
- National Shawmut Bank v. City of WatervilleMassachusetts Supreme Judicial Court · 1934
- Leffler v. ToddMassachusetts Supreme Judicial Court · 1944
- Terry v. Owatonna Canning Co.Supreme Court of New Jersey · 1938
5 more not listed; retrieve them via the Exa API.