Legal Opinion

Atwood v. Dumas

Massachusetts Supreme Judicial Court

Decided May 9, 1889PublishedCited by 16 opinions

Trustee process. The West Roxbury Co-operative Bank, summoned as trustee, in answer to interrogatories filed by the plaintiffs, answered as follows: “And now comes Benjamin H. Jones, secretary of said West Roxbury Co-operative Bank, and answers as follows: “ 1. The trustee is a corporation organized and doing business under chapter 117 of the Public Statutes, and the acts and amendments in addition thereto, and under its by-laws duly established; and the defendant is not a…

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Trustee process. The West Roxbury Co-operative Bank, summoned as trustee, in answer to interrogatories filed by the plaintiffs, answered as follows: “And now comes Benjamin H. Jones, secretary of said West Roxbury Co-operative Bank, and answers as follows: “ 1. The trustee is a corporation organized and doing business under chapter 117 of the Public Statutes, and the acts and amendments in addition thereto, and under its by-laws duly established; and the defendant is not a depositor in such corporation, but is a holder of nine shares in the twelfth series in such corporation, and, by statute…

1Opinion of the CourtHolmes, J.

It appears from the answers of the corporation summoned as trustee, that it was organized and does business under the Pub. Sts. c. 117 ; St. 1882, c. 251; St. 1883, c. 98; St. 1885, c. 121; St. 1887, c. 216; that the defendant is a member and holder of nine shares in it, upon which she has paid as dues sixty-three dollars, and that the withdrawal value of the shares is sixty-two dollars and sixty-six cents. The question is whether this sum can be reached by trustee process, or whether the shares can be attached only in the mode provided by the Pub. Sts. c. 161, §§ 71-73, for attaching the…

2Cases cited5 opinions

  1. Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
  2. Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
  3. Williams v. ParkerMassachusetts Supreme Judicial Court · 1884
  4. Hunt v. MooreMassachusetts Supreme Judicial Court · 1850
  5. Totten & Co. v. TisonSupreme Court of Georgia · 1875

3Cited by16 opinions

  1. Andover Savings Bank v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1982
  2. Leahy v. National Building & Loan Ass'nWisconsin Supreme Court · 1898
  3. Lowell Co-operative Bank v. Co-operative Central BankMassachusetts Supreme Judicial Court · 1934
  4. Ellsworth v. LyonsCourt of Appeals for the Sixth Circuit · 1910
  5. Godfrey Coal Co. v. GrayMassachusetts Supreme Judicial Court · 1936

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