Robinson v. Hall
Massachusetts Supreme Judicial Court
Dennis Everett and the firms of Milton W. Blackinton & Co., and Capron & Richardson, were summoned as trustees of Hall, the principal defendant.
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Dennis Everett and the firms of Milton W. Blackinton & Co., and Capron & Richardson, were summoned as trustees of Hall, the principal defendant. Herbert M. Draper, of the firm of Blackinton & Co., stated in his answer, that he was in the State of Maine at the time when, according to the officer’s return, service of this process was made on him by leaving a copy of the writ at his last and usual place of abode in Attleborough ; and that, on his return from Maine, he met said Hall in Boston, and, without any knowledge that a trustee process had been served upon him or his partner, Blackinton,…
1Per curiam
Upon these answers, the court are of opinion that the trustees must be discharged.
The debt due from Blackinton & Co. was paid, bona fide, and without knowledge of the service of the trustee process. Rev. Sts. c. 109, § 5. Williams v. Marston, 3 Pick. 65. Wood v. Bodwell, 12 Pick. 268.
As to the others, the contract was entire, and was not completed ; and no pro rata wages were earned. At the time of the service of the writ, therefore, there was no subsisting debt from the trustees to the principal defendant, either due, or to become due and payable afterwards.
Trustees discharged.
2Cited by1 opinion
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