Cavanaugh v. Merrimac Hat Co.
Massachusetts Supreme Judicial Court
Scibe facias on a judgment by which the defendant was charged as trustee. Writ dated December 7, 1911. In the Superior Court the case was submitted to Hall, J., upon an agreement of the parties that the allegations of fact contained in the plaintiff’s writ and the defendant’s answer were true, and that the court might draw all reasonable and proper inferences therefrom. Such facts are stated briefly in the opinion.
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Scibe facias on a judgment by which the defendant was charged as trustee. Writ dated December 7, 1911. In the Superior Court the case was submitted to Hall, J., upon an agreement of the parties that the allegations of fact contained in the plaintiff’s writ and the defendant’s answer were true, and that the court might draw all reasonable and proper inferences therefrom. Such facts are stated briefly in the opinion. The defendant asked the judge to make the following rulings: “1. That no judgment in this action can be rendered against the Merrimac Hat Company until the liability of the…
1Opinion of the CourtRugg, C. J.
This is an action of scire facias on a judgment in which the defendant was charged as trustee. Its liability was not made absolute thereby, but it may in this proceeding set up any matter of defense which would have been available in an action against it by its alleged creditor, the original defendant. Shawmut Commercial Paper Co. v. Cram, 212 Mass. 108. Before the service of the plaintiff’s trustee writ upon it, the defendant had entered into three contracts with Dearborn Brothers and Company, defendants in the trustee action, by which the latter agreed to construct and enlarge buildings for…
2Cases cited5 opinions
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Shawmut Commercial Paper Co. v. CramMassachusetts Supreme Judicial Court · 1912
- Lannan v. WalterMassachusetts Supreme Judicial Court · 1889
- Guptill v. AyerMassachusetts Supreme Judicial Court · 1889
- Nutter v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1882
3Cited by16 opinions
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
- Webb v. CohenMassachusetts Supreme Judicial Court · 1932
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