White v. Springfield Institution for Savings
Massachusetts Supreme Judicial Court
Scire facias upon a judgment in a trustee process. At the trial in the Superior Court, before Pitman, J., without a jury, the plaintiff asked the judge to rule that the defendant should be charged. The judge refused so to rule, and found that the defendant was entitled to be discharged; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtColburn, J.
The question in this case is whether the defendant in this suit, summoned as trustee in the original action, when it afterwards paid the deposit standing in the name of James Shay, knew or ought to have known that this depositor was the same person who was the principal defendant in the original action, and named in the writ James Shea, the trustee having deposits belonging to different persons standing in each name.
The burden was upon the plaintiff to show affirmatively by the answers of the trustee, aided by other competent collateral evidence, that the trustee should be charged; and if he…
2Cases cited2 opinions
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Richards v. StephensonMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- R. & M. Tire Service Co. v. Deposit Guaranty Bank & Trust Co.Mississippi Supreme Court · 1935
- Hantman ex rel. Larson v. West Side Trust & Savings BankAppellate Court of Illinois · 1928
- Philip Richenburg Insurance Agency, Inc. v. Ruscito Contracting Co.Massachusetts District Court, Appellate Division · 1966