Edwards v. Warren Linoline & Gasoline Works
Massachusetts Supreme Judicial Court
Trustee process. The principal defendant was described in the writ as “ a joint stock company organized under the laws of Pennsylvania.” The trustee, which was a Massachusetts corporation, filed an answer setting forth reasons why it should not be charged, and to interrogatories propounded by the plaintiff, made answers, the nature of "which appears in the opinion. The trustee moved that it be discharged.
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Trustee process. The principal defendant was described in the writ as “ a joint stock company organized under the laws of Pennsylvania.” The trustee, which was a Massachusetts corporation, filed an answer setting forth reasons why it should not be charged, and to interrogatories propounded by the plaintiff, made answers, the nature of "which appears in the opinion. The trustee moved that it be discharged. The Superior Court allowed the motion, discharged the trustee with costs, and dismissed the action; and the plaintiff appealed to this court. The case was argued at the bar in November,…
1Opinion of the CourtLathrop, J.
It is conceded by the plaintiff, that, as the jurisdiction of the court depends upon charging the Walworth Manufacturing Company as trustee, inasmuch as there was no service upon the principal defendant, the action was properly dismissed upon discharging the trustee.
The question then is whether the trustee was properly discharged, and this depends upon whether the principal defendant, an association formed under the laws of the State of Pennsylvania, is a partnership or a corporation.
The .trustee’s answers to interrogatories refer to Brightiy’s Purdon’s Digest, (12th ed.) 1086-1088, and to…
2Cases cited12 opinions
- Liverpool Insurance v. MassachusettsSupreme Court of the United States · 1871
- Gleason v. McKayMassachusetts Supreme Judicial Court · 1883
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
- Waterbury v. Merchants' Union Express Co.New York Supreme Court · 1867
- Gott v. DinsmoreMassachusetts Supreme Judicial Court · 1872
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3Cited by5 opinions
- Pacific Wool Growers v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1940
- Ashley v. DowlingMassachusetts Supreme Judicial Court · 1909
- Commissioner of Corp. & Taxation v. Coöperative League of AmericaMassachusetts Supreme Judicial Court · 1923
- Andrews Bros. v. Youngstown Coke Co.Court of Appeals for the Sixth Circuit · 1898
- Ayer v. Commissioner of Corp. & TaxationMassachusetts Supreme Judicial Court · 1929