Dolan v. Mucci

The plaintiff was named as trustee in an earlier action brought in the Superior Court by trustee writ on November 27, 1929, by Matthew Cummings Co. as plaintiff against one Grande as defendant. In that action the present plaintiff filed an answer as trustee admitting that at the time of the service of the writ upon him there were in his hands credits of the principal defendant Grande. The present defendant Mucci filed in the earlier action an adverse claim to those funds based on a written assignment to him from Grande dated May 16, 1930.

Before there were any further proceedings in the…