Fenton v. Kane
Massachusetts Supreme Judicial Court
Contract for $16.50 for use and occupation of a tenement during June, July and August, 1903. Writ in the Police Court of Holyoke dated October 7, 1903. The American Writing Paper Company, a corporation organized under the laws of New Jersey, was summoned as trustee by the delivery of a copy of the writ to its treasurer and of another copy' to its paymaster.
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Contract for $16.50 for use and occupation of a tenement during June, July and August, 1903. Writ in the Police Court of Holyoke dated October 7, 1903. The American Writing Paper Company, a corporation organized under the laws of New Jersey, was summoned as trustee by the delivery of a copy of the writ to its treasurer and of another copy' to its paymaster. The alleged trustee pleaded in abatement, that it was a foreign corporation having a usual place of business at Holyoke and had complied with the provisions of St. 1903, c. 437, § 58, but that no service had been made upon the commissioner…
1Opinion of the CourtKnowlton, C. J.
The question reported for our consideration is one of importance to the people of the Commonwealth. We have received intimations that, because it was submitted on an agreed statement of facts, with an expectation on the part of the judge and the counsel that the decision, whatever it might be, would come to this court for revision, the judge did not give the question so full consideration as he would have done had he supposed that his decision would be final. Even if this was so, we are unable to discover any jurisdiction in this court to deal with the question. It is provided in the R. L. c.…
2Cases cited5 opinions
- Harris v. DohertyMassachusetts Supreme Judicial Court · 1875
- Young v. Providence & Stonington Steamship Co.Massachusetts Supreme Judicial Court · 1890
- Guild v. BonnemortMassachusetts Supreme Judicial Court · 1892
- Burrows v. MortonMassachusetts Supreme Judicial Court · 1898
- Smith v. FergusonMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Potter v. Lapointe Machine Tool Co.Massachusetts Supreme Judicial Court · 1909
- Wylie v. Blake & Knowles Steam Pump WorksMassachusetts Supreme Judicial Court · 1915