Spooner v. Rowland
Massachusetts Supreme Judicial Court
Trustee process. The Conway Fire Insurance Company, a corporation established in Boston, was summoned as one of the trustees, and it appeared that on the same day, and two or three hours after the time, of the service of the writ upon the secretary of the company in Boston, their vice-president, under circumstances stated in the opinion, drew and delivered to the defendant Rowland the following order, in Worcester, a distance of about forty-five miles from Boston: “ $500.…
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Trustee process. The Conway Fire Insurance Company, a corporation established in Boston, was summoned as one of the trustees, and it appeared that on the same day, and two or three hours after the time, of the service of the writ upon the secretary of the company in Boston, their vice-president, under circumstances stated in the opinion, drew and delivered to the defendant Rowland the following order, in Worcester, a distance of about forty-five miles from Boston: “ $500. Worcester, January 18th 1861. At sight, pay to the order of Dan. Rowland five hundred dollars in payment of loss on policy…
1Opinion of the CourtDewey, J.
It appears from the return of the officer that service of the trustee process was made upon the Conway Fire Insurance Company by leaving a copy of the writ at the office of the company on the 18th of January 1861, and this service was made two or three hours earlier than the time of the giving of the draft and taking the receipt acknowledging payment in full for the loss. The payment was made at Worcester, and the service was made at the office in Boston. The first question now presented is, whether such payment, if made as alleged, will protect the trustees under the provisions of Gen. Sts.…
2Cases cited1 opinion
- Fairchild v. . the Ogdensburgh, Clayton and Rome R.R. Co.New York Court of Appeals · 1857
3Cited by2 opinions
- Astuccio v. R.K. Ahern Co.Massachusetts Appeals Court · 2001
- Astuccio v. R.K. Ahern Co.Massachusetts Superior Court · 2003