Bennett v. Earley

Pettingell, J.. Action by the trustee process in which the First National Bank of Medford was summoned as trustee. By the trustee’s amended answer, filed April 11, 1940, it appears that at the time of service upon it of the *365plaintiff’s writ, October 11, 1939, it had a deposit to the defendant’s credit of $381.75, and that at the same time it held as payee an unsecured promissory note for $1000, signed by the defendants, and due February 21, 1940; that before the plaintiff’s motion to charge the trustee was filed, March 20, 1940, it applied on the note the amount standing to the credit of the…