Peck Bros. & Co. v. Stratton
Massachusetts Supreme Judicial Court
Trustee process by Peck Brothers & Company, a corporation under the laws of Connecticut, against H. R. Stratton and James Graves, late partners under the name of Stratton & Graves.
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Trustee process by Peck Brothers & Company, a corporation under the laws of Connecticut, against H. R. Stratton and James Graves, late partners under the name of Stratton & Graves. A. W. Chapin, summoned as trustee, answered, admitting that, at the time of service upon him, -there was in his hands the sum of $185.28 due the defendants; and that, before service of said process, the defendants, by their order in writing, had directed the amount due them to be paid to Hayden, Gere & Co., and that he had verbally promised to pay the same. Hayden, Gere & Co. appeared as claimants, as did also…
1Opinion of the CourtGray, C. J.
The plaintiff not undertaking to maintain his attachment of the fund in the hands of the trustee, but abandoning all right to it, the only judgment could be that the trustee be discharged. The conflicting rights of the defendants, the trustee and the claimants could not be settled in this suit. The excepting claimant is not therefore prejudiced by the judgment of the Superior Court. ¡Exceptions overruled.
2Cited by8 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1875
- Buckingham v. ShoyerAppellate Court of Illinois · 1900
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