Holbrook v. Payne
Massachusetts Supreme Judicial Court
Trustee Process. Writ dated July 13, 1888. A special precept of attachment was issued on December 10, 1888, and the answer of the town of Winchester, summoned as trustee of the defendant, who was defaulted, disclosed funds in its hands amounting to one hundred and eighty-one dollars and forty cents. Alexis Cutting appeared as claimant of the funds in the hands of the trustee.
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Trustee Process. Writ dated July 13, 1888. A special precept of attachment was issued on December 10, 1888, and the answer of the town of Winchester, summoned as trustee of the defendant, who was defaulted, disclosed funds in its hands amounting to one hundred and eighty-one dollars and forty cents. Alexis Cutting appeared as claimant of the funds in the hands of the trustee. The case was submitted to the Superior Court, and, after judgment for the claimant, to this court on appeal, on agreed facts, in substance as follows. The defendant entered into a contract with the town of Winchester to…
1Opinion of the CourtHolmes, J.
The defendant in this action has been defaulted, and the question before us is whether the plaintiff or the claimant Cutting is entitled to a certain part of the debt due from the trustee to the defendant.
There is no doubt that an order for a specific fund, identified by the order itself, may be a good assignment. Kingman v. Perkins, 105 Mass. 111. We assume in favor of the claimant that an equitable assignment to him of a part of the debt would be good as between him and the plaintiff upon trustee process. Dana v. Third National Bank, 13 Allen, 445, 447. James v. Newton, 142 Mass. 366, 374.…
2Cases cited6 opinions
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Laclede Bank v. SchulerSupreme Court of the United States · 1887
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
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- First National Bank v. Dubuque Southwestern Railway Co.Supreme Court of Iowa · 1879
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