Springfield Acceptance Co. v. Larounis

The plaintiff held a mortgage upon an automobile owned by one Blair. In an action by the present *119defendant Roberts and another against Blair, in which the plaintiff was summoned as trustee in accordance with the provisions of G. L. (Ter. Ed.) c. 223, § 79, the automobile was attached after written consent to make such attachment was given by the judge of the court in which the action had been commenced. G. L. (Ter. Ed.) c. 223, § 44A, inserted by St. 1937, c. 295, § 2. Service was made in that action upon Blair and upon the present plaintiff as trustee. The latter knew at the time of service…