R. L. Gourley Co. v. Middlesex Engineering & Equipment Corp.

This is a contract action commenced by trustee process in which the plaintiff now seeks to charge the trustee on the latter’s answers to interrogatories prepounded by the plaintiff. The only real issue is whether, at the time service was made on the trustee, it was indebted to the principal defendant (hereinafter referred to as “the defendant”) for money due absolutely and without any contingency (G. L. [Ter. Ed.] c. 246, §§24, 32). A motion to charge the trustee was denied by the presiding justice, and the plaintiff has claimed a report from this ruling.

The motion to charge the trustee…