Ouimet v. Sirois
Massachusetts Supreme Judicial Court
Trustee process. Writ dated October 9, 1876, and served on the Naumkeag Steam Cotton Company, summoned as trustee, the next day. Franklin White and another appeared as claimants of the funds in the hands of the trustee.
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Trustee process. Writ dated October 9, 1876, and served on the Naumkeag Steam Cotton Company, summoned as trustee, the next day. Franklin White and another appeared as claimants of the funds in the hands of the trustee. At the trial in the Superior Court, before Grardner, J., without a jury, it was admitted that the defendant’s real name was Germain Sirois; that he was at work for the trustee, under the name of John Keever; that this name appeared upon the trustee’s books j that the trustee owed him $42; that the amount claimed was due the claimants, and was more than the amount in the…
1Opinion of the CourtAmes, J.
The bill of exceptions furnishes no reason to doubt that the assignment was made by the defendant in good faith, and that it fulfils all the conditions required by the statute to make it effectual against the claim of an attaching creditor, unless the error as to the signature is sufficient to defeat the purpose which the parties had in view. The defendant is a Frenchman unable to speak, write or understand our language, and, as he signed the instrument with his mark only, it may be inferred that he was not able to discover the mistake as to his name, upon inspection of the document. The…
2Cases cited1 opinion
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
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- Fincher v. HaneganSupreme Court of Arkansas · 1894
- Cleaveland v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
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