Brunswick Gas Light Co. v. Flanagan
Supreme Judicial Court of Maine
On exceptions. This was an action of trespass on the case brought in the Superior Court, for Cumberland county, against the defendant for damages done to plaintiff’s property and the Brunswick Village Corporation was summoned as trustee. The trustee filed a disclosure.
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On exceptions. This was an action of trespass on the case brought in the Superior Court, for Cumberland county, against the defendant for damages done to plaintiff’s property and the Brunswick Village Corporation was summoned as trustee. The trustee filed a disclosure. At a hearing before the court, the plaintiff claimed to hold the trustee on its disclosure because the balance due the defendant, according to the disclosure, was a liquidated amount in the possession of the trustee, and although not payable till a future time, yet it was an ascertained and fixed sum subject to no conditions…
1Opinion of the CourtHaskell, J.
The trustee discloses in its hands $3120.12, being twenty per cent of the contract price retained as security for the completion of the same ; $1500 of this is held by a trustee under an assignment for the benefit of defendant’s contract creditors, who had become parties to the assignment; Pleasant Hill Cemetery v. Davis, 76 Maine, 289; $827.25 more is held by the payee of an order accepted by the trustee, and $1000 upon still another order, also duly accepted. All these sums aggregate $3327.25, or $207.13 more than the sum in the trustee’s hands, and, therefore, he was properly discharged…
2Cited by1 opinion
- Edward Thompson Co. v. DurandSupreme Court of Louisiana · 1909