Bostwick v. Bass
Massachusetts Supreme Judicial Court
Trustee process. The Western Massachusetts Insurance Company, summoned as trustees, filed a general answer denying that they were chargeable, and also answered special interrogatories of the plaintiff, who then made allegations and offered evidence on the question of charging them, which Rockwell, J., excluded as immaterial; to which ruling the plaintiff alleged exceptions, and also appealed from the order of the judge for their discharge.
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Trustee process. The Western Massachusetts Insurance Company, summoned as trustees, filed a general answer denying that they were chargeable, and also answered special interrogatories of the plaintiff, who then made allegations and offered evidence on the question of charging them, which Rockwell, J., excluded as immaterial; to which ruling the plaintiff alleged exceptions, and also appealed from the order of the judge for their discharge. The material facts are stated in the opinion.
1Opinion of the CourtChapman, C. J.
The trustees answer generally that, according to their best information and belief, they have not any goods, effects or credits of the defendant in their hands or possession. On being further interrogated, they admit that they issued a policy of insurance on the defendant’s stock of goods in a country store, and that they have been notified of the destruction of the property by fire; but they say they are informed and verily believe that there was a misrepresentation on the part of the defendant in obtaining the insurance, sufficient to invalidate the policy, which was, that the store in…
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