Williams v. Kenney
Massachusetts Supreme Judicial Court
Trustee process. In the superior court the principal defendant was defaulted, and on the question of charging the city of Boston summoned as trustee the facts were agreed as follows : “ At the time of the service of the writ upon the trustee, Saturday, October 20, 1866, at half an hour after noon, it had in its possession the sum of thirty-eight dollars and twenty-five cents due to the defendant for work done by him at the Mount Hope Cemetery, in Dorchester, which belongs to…
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Trustee process. In the superior court the principal defendant was defaulted, and on the question of charging the city of Boston summoned as trustee the facts were agreed as follows : “ At the time of the service of the writ upon the trustee, Saturday, October 20, 1866, at half an hour after noon, it had in its possession the sum of thirty-eight dollars and twenty-five cents due to the defendant for work done by him at the Mount Hope Cemetery, in Dorchester, which belongs to the said city The defendant was engaged to work there by its superintendent of said cemetery, by whom all payments of…
1Opinion of the CourtWells, J.
Payment in good faith and without knowledge cf the service of trustee process, on the part of the party so pay *144ing, will discharge the trustee, although in fact service had been made in a legal and proper manner previous to the time of such payment. Gen. Sts. c. 142, § 28. This was held to be the law before the adoption of the statute (Rev. Sts. c. 109, § 5). Williams v. Marston, 3 Pick. 65. The reason of the rule applies with equal propriety and force where service is made upon one agent or officer of a corporation, and payment is afterwards made in good faith by another agent or officer…
2Cited by4 opinions
- Brown v. GatesWest Virginia Supreme Court · 1879
- Astuccio v. R.K. Ahern Co.Massachusetts Appeals Court · 2001
- Jordan v. JordanSupreme Judicial Court of Maine · 1883
- Lyon v. RussellSupreme Judicial Court of Maine · 1881