West v. Platt
Massachusetts Supreme Judicial Court
Contract against Isaac L. Platt and Edward A. Boyd, described in the writ as doing business in New York under the name and style of Platt & Boyd. John B. Sowle and Joseph Ward were summoned as trustees.
Read the full summary
Contract against Isaac L. Platt and Edward A. Boyd, described in the writ as doing business in New York under the name and style of Platt & Boyd. John B. Sowle and Joseph Ward were summoned as trustees. At January term, 1874, of the Superior Court, at which the writ was returnable, the trustees answered that at the time of the service of the writ upon them they had no effects of Isaac L. Platt and Edward A. Boyd in their hands; but in answer to interrogatories filed by the plaintiff, admitted that they had funds of John B. Platt and Edward A. Boyd, copartners of the firm of Platt & Boyd,…
1Opinion of the CourtGray, C. J.
The answer of the trustees admits that they were indebted to a firm of Platt & Boyd. Boyd was correctly named in the writ, and the error in Platt’s Christian name was cured by the amendment. The payment by the trustees, after service of the writ, and before the amendment, to the principal defendant, taking a bond of indemnity from him, did not alter their condition. Judgment against the trustees will protect them against any claim of the defendant. No other party having acquired intervening rights, by attachment or otherwise, the trustees were properly charged in the court below. Gen. Sts. c.…
2Cases cited1 opinion
- Vermilyea v. RobertsMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
- Brady v. LichterMassachusetts Supreme Judicial Court · 1951
- Connelly v. Dionne Trucking, Inc.Massachusetts Supreme Judicial Court · 1920
- Sullivan v. LangleyMassachusetts Supreme Judicial Court · 1880
- Grant v. WentzellMassachusetts District Court, Appellate Division · 1937