William Gilligan Co. v. Casey
Massachusetts Supreme Judicial Court
Contract by a corporation for the sum of $108.70 as the price of sand, gravel and crushed stone furnished by the plaintiff to the defendant, a contractor, the city of Boston being summoned as trustee.
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Contract by a corporation for the sum of $108.70 as the price of sand, gravel and crushed stone furnished by the plaintiff to the defendant, a contractor, the city of Boston being summoned as trustee. Writ in the Municipal Court of the City of Boston dated December 10, 1907. The trustee, in its answers to interrogatories filed by the plaintiff, admitted that it had in its possession moneys due to the defendant to an amount greater than the sum claimed in the plaintiff’s writ, but stated that these moneys were claimed by one Byron R. Mitchell under an alleged assignment from the defendant. On…
1Opinion of the CourtMorton, J.
The issue in this case relates to the validity of the assignment under which the claimant asserts title to the funds in the hands and possession of the trustee. The case was tried in the Superior Court, on appeal from the Municipal Court of the City of Boston, without a jury, and the judge found in favor of the claimant. The defendant was defaulted. The case is here on exceptions by the plaintiff to the refusal of the judge to give certain rulings that were requested by it. The first ruling asked for was given; the others were refused.
The assignment was executed by the defendant in the name…
2Cases cited3 opinions
- Minot v. CurtisMassachusetts Supreme Judicial Court · 1811
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1877
- Chester v. McDonaldMassachusetts Supreme Judicial Court · 1904
3Cited by35 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Romans v. State of MarylandCourt of Appeals of Maryland · 1940
- Powers's CaseMassachusetts Supreme Judicial Court · 1931
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- General Motors Acceptance Corp. v. HaleyMassachusetts Supreme Judicial Court · 1952
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