Garity v. Gigie
Massachusetts Supreme Judicial Court
Trustee process. Israel T. Hunt, summoned as trustee of the principal defendant, answered that, at the time of the service of the writ upon him, he had no money in his hands or possession due the defendant from him on any contract or account whatever; that, at that time, there was due the defendant a certain sum from the trustee jointly with Frank W. Hunt and Katharine H. W. Hunt on a contract in writing; that these co-contractors resided in the State of New Hampshire; that,…
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Trustee process. Israel T. Hunt, summoned as trustee of the principal defendant, answered that, at the time of the service of the writ upon him, he had no money in his hands or possession due the defendant from him on any contract or account whatever; that, at that time, there was due the defendant a certain sum from the trustee jointly with Frank W. Hunt and Katharine H. W. Hunt on a contract in writing; that these co-contractors resided in the State of New Hampshire; that, on the day of the service of the writ in this case, all the moneys and credits due the defendant on said contract in…
1Opinion of the CourtGray, C. J.
As a general rule, when it is necessary for the furtherance of justice to determine the exact time of an attachment, the hour at which it was made, if not stated in the officer’s *186return, may be proved by other evidence. Bigelow v. Willson, 1 Pick. 485, 495. Lemon v. Staats, 1 Cowen, 592. Brainard v. Bushnell, 11 Conn. 16. In Fairfield v. Paine, 23 Maine, 498, and in Taylor v. Emery, 16 N. H. 359, cited for the plaintiff, the right of a bona fide purchaser had intervened.
In the case stated, it is agreed that the writ in New Hamp shire was served upon the trustee before the writ in this…
2Cases cited5 opinions
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
- Whipple v. RobbinsMassachusetts Supreme Judicial Court · 1867
- American Bank v. RollinsMassachusetts Supreme Judicial Court · 1868
- Brainard v. BushnellSupreme Court of Connecticut · 1835
- Stockwell v. McCrackenMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- Sanders v. Armour Fertilizer WorksSupreme Court of the United States · 1934
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Craig Silver Co. v. SmithMassachusetts Supreme Judicial Court · 1895
- Biggert v. StraubMassachusetts Supreme Judicial Court · 1906
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