Kahler v. Town of Marshfield

The plaintiffs, grain dealers in the State of New York, appeal from a decree in proceedings brought under Gr. L. c. 231A declaring (1) that a taking by eminent domain of land of one Blunt, formerly a poultry dealer, by the defendant town was valid; and (2) that the plaintiffs, who previously had made an attachment of the land, “are not entitled to any of the proceeds of the sale” of the land to the town. The facts appear in a case stated.

On September 29, 1959, Blunt owed the plaintiffs $19,167.51 for grain purchased. On that date the plaintiffs brought against him an action of contract with…