Sullivan v. Langley
Massachusetts Supreme Judicial Court
Tout for fraudulent representations by which the plaintiff was induced to give his promissory note for $1000 payable to James H. Langley. Writ dated April 7, 1874, returnable to the Superior Court, against Langley and Jesse F. Alderman as principal defendants, and the Boston Five Cents Savings Bank as trustee.
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Tout for fraudulent representations by which the plaintiff was induced to give his promissory note for $1000 payable to James H. Langley. Writ dated April 7, 1874, returnable to the Superior Court, against Langley and Jesse F. Alderman as principal defendants, and the Boston Five Cents Savings Bank as trustee. At the first term, the trustee filed an answer stating that, at the time of the service of the writ, there was standing upon its books the sum of $1000, and no more, to the credit of J. F. Aider-man & Company, but whether they were the defendants it did not know, and that otherwise it…
1Opinion of the CourtGray, C. J.
The first service upon the trustee of a writ in which Alderman, but no partner of his, was then a principal defendant, did not indeed create a valid attachment of the debt due from the trustee to the partnership of J. F. Alderman & Company. Hawes v. Waltham, 18 Pick. 451. Hoyt v. Robinson, 10 Gray, 371. Bulfinch v. Winchenbach, 3 Allen, 161. But, as soon as the writ was amended by joining Bristol as a defendant, the trustee still continuing to hold the fund, then, all the necessary parties being before the court, no rights of other persons having intervened, and it being conceded that the two…
2Cases cited4 opinions
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
- Wright v. HerrickMassachusetts Supreme Judicial Court · 1878
- West v. PlattMassachusetts Supreme Judicial Court · 1874
- Sullivan v. LangleyMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- Symms Grocer Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1898