MacAusland v. Taylor
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $400.50 for services rendered as a physician. The action was brought by trustee process, Samuel A. Fuller, Esquire, being named as trustee. Writ in the Municipal Court of the City of Boston dated September 21, 1912. At a trial of the action upon its removal to the Superior Court, the jury found for the plaintiff in the sum of $436.50 on March 23, 1914. On April 2, 1914, the trustee was allowed to file an answer of "No funds.”
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Contract upon an account annexed for $400.50 for services rendered as a physician. The action was brought by trustee process, Samuel A. Fuller, Esquire, being named as trustee. Writ in the Municipal Court of the City of Boston dated September 21, 1912. At a trial of the action upon its removal to the Superior Court, the jury found for the plaintiff in the sum of $436.50 on March 23, 1914. On April 2, 1914, the trustee was allowed to file an answer of "No funds.” The plaintiff thereupon filed interrogatories to the trustee, which, after being ordered by the court to do so, he answered as…
1Opinion of the CourtRugg, C. J.
If it be assumed in favor of the trustee that his appeal is properly here and is not entered prematurely, no error of law is disclosed. The trustee filed, by leave of court after verdict in favor of the plaintiff against the defendant, an answer that he had no funds. Then the plaintiff filed nine interrogatories to the trustee, to which no answers were returned until a special order of the court had been made. Then the trustee answered two of the interrogatories in full, answered three others, incompletely as the plaintiff contended, and refused to answer the remaining four. Thereupon, the…
2Cases cited2 opinions
- Nutter v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
- Brennan v. McInnisMassachusetts Supreme Judicial Court · 1899
3Cited by8 opinions
- MacAusland v. FullerMassachusetts Supreme Judicial Court · 1918
- Dunham Bros. v. GordonMassachusetts Supreme Judicial Court · 1935
- Musolino, LoConte Co. v. CostaMassachusetts Supreme Judicial Court · 1939
- Downing v. DowningMassachusetts Supreme Judicial Court · 1917
- Gill v. StrettonMassachusetts District Court, Appellate Division · 1936
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