Maloney v. Casey
Massachusetts Supreme Judicial Court
Trustee process. Writ dated March 27,1894, upon which the plaintiff attached, as the property of the principal defendant, a deposit to his credit in the hands and possession of the Haverhill Savings Bank of Haverhill. Trial in the Superior Court, without a jury, before Sherman, J., who reported the case for the determination of this court, in substance as follows.
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Trustee process. Writ dated March 27,1894, upon which the plaintiff attached, as the property of the principal defendant, a deposit to his credit in the hands and possession of the Haverhill Savings Bank of Haverhill. Trial in the Superior Court, without a jury, before Sherman, J., who reported the case for the determination of this court, in substance as follows. Judgment having been entered, by agreement, in favor of the plaintiff against the principal defendant upon the entry of the writ, the Haverhill Savings Bank, summoned as trustee of the principal defendant, filed its answer, alleging…
1Opinion of the CourtField, C. J.
We deem it unnecessary to determine whether it was within the power of the Superior Court in this case to order the plaintiff to give a bond of indemnity to the trustee before entering judgment charging the trustee. In ordinary actions at law, although there is no statutory authority, it has been deemed within the power of a court of common law to order such a bond to be given by the plaintiff to the defendant in certain cases where, on equitable considerations, a bond seems to be necessary or desirable to indemnify the defendant against the claims of other persons than the plaintiff on…
2Cases cited3 opinions
- Schmidt v. People's National BankMassachusetts Supreme Judicial Court · 1891
- Wardle v. BriggsMassachusetts Supreme Judicial Court · 1881
- Potter v. CainMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Godfrey Coal Co. v. GrayMassachusetts Supreme Judicial Court · 1936
- Bank of Montreal v. ClarkAppellate Court of Illinois · 1903
- Columbian Nat. Life Ins. Co. v. WelchDistrict Court, D. Massachusetts · 1936