Brennan v. McInnis
Massachusetts Supreme Judicial Court
Trustee process. William S. Rendle, summoned as trustee, answered that, at the time of the service of the writ upon him, he had not in his hands or possession any goods, effects, or credits of the defendant; that on or about March 1,1897, the defendant entered into a contract with the city of Boston for the building of two wooden piers for the sum of $31,090.35 ; that the defendant applied to the trustee to advance to'him the sum of $500 to secure the contract, which the…
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Trustee process. William S. Rendle, summoned as trustee, answered that, at the time of the service of the writ upon him, he had not in his hands or possession any goods, effects, or credits of the defendant; that on or about March 1,1897, the defendant entered into a contract with the city of Boston for the building of two wooden piers for the sum of $31,090.35 ; that the defendant applied to the trustee to advance to'him the sum of $500 to secure the contract, which the trustee agreed to do on condition that the moneys coming due under the contract should be assigned to him to secure such…
1Opinion of the CourtHolmes, J.
So far as appears, the trustee is not chargeable, but we cannot say that if the contract between the defendant, Mclnnis, and the city of Boston were set forth, together with an account of all the receipts and disbursements of the trustee in pursuance of the contract and of the assignment to him, it might not appear that at the time when the writ was served there was money due from the trustee to the defendant, or even that the assignment was merely a colorable device. It may be unlikely, but it is possible, and therefore the general course of the interrogatories was justified. The trustee…
2Cases cited3 opinions
- Commonwealth v. McCreadyCourt of Appeals of Kentucky · 1859
- Nutter v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
- Wetherbee v. WinchesterMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- MacAusland v. TaylorMassachusetts Supreme Judicial Court · 1915
- Dunham Bros. v. GordonMassachusetts Supreme Judicial Court · 1935
- Philip Richenburg Insurance Agency, Inc. v. Ruscito Contracting Co.Massachusetts District Court, Appellate Division · 1966