Hunneman v. Lowell Institution for Savings
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 31, 1908, by Carleton Hunneman and the United Surety Company (hereinafter called the surety company) against the Lowell Institution for Savings (hereinafter called the savings bank) and Delia C. Phelps, alleging in substance that the plaintiff Carleton Hunneman on January 19, 1905, commenced an action against the defendant Delia C. Phelps and caused an attachment to be made of her real estate in the county of Suffolk to the…
Read the full summary
Bill in equity, filed in the Superior Court on July 31, 1908, by Carleton Hunneman and the United Surety Company (hereinafter called the surety company) against the Lowell Institution for Savings (hereinafter called the savings bank) and Delia C. Phelps, alleging in substance that the plaintiff Carleton Hunneman on January 19, 1905, commenced an action against the defendant Delia C. Phelps and caused an attachment to be made of her real estate in the county of Suffolk to the amount of $2,500; that a default against the defendant Phelps was entered in said action, which subsequently was…
1Opinion of the CourtHammond, J.
The trial judge has found as a fact that at the time of the assignment by the judgment creditor to the United Surety Company, hereinafter called the surety company, it was'the express intention of both parties to the transaction that it should be a sale of the execution with the purpose of keeping it alive and not a “ payment under said execution.” Under this finding it must be held that the execution has not been satisfied but on the contrary is still alive. Taylor v. Van Deusen, 3 Gray, 498. Indeed the appellant does not argue to the contrary.
The execution having been placed in the…
2Cases cited7 opinions
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Worcester v. City of BostonMassachusetts Supreme Judicial Court · 1901
- Knowles v. SullivanMassachusetts Supreme Judicial Court · 1902
- Western Union Telegraph Co. v. CaldwellMassachusetts Supreme Judicial Court · 1886
- Gardner v. BarnesMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
- Spaulding v. Quincy Trust Co.Massachusetts Supreme Judicial Court · 1943
- Horn v. HitchcockMassachusetts Supreme Judicial Court · 1955
4 more not listed; retrieve them via the Exa API.