Delval v. Gagnon
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 8, 1911, under R. L. c. 159, § 3, cl. 7, by the assignee, under an assignment in writing from Julie Monneret, otherwise Julie Gagnon, as the administratrix of the estate of Lotus Monneret, of a claim against the defendant Gagnon, seeking to reach and apply to the payment of the plaintiff’s claim a verdict, and the judgment about to be entered thereon, in favor of the defendant Gagnon against the defendant Legare.
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Bill in equity, filed in the Superior Court on August 8, 1911, under R. L. c. 159, § 3, cl. 7, by the assignee, under an assignment in writing from Julie Monneret, otherwise Julie Gagnon, as the administratrix of the estate of Lotus Monneret, of a claim against the defendant Gagnon, seeking to reach and apply to the payment of the plaintiff’s claim a verdict, and the judgment about to be entered thereon, in favor of the defendant Gagnon against the defendant Legare. The case was submitted to Crosby, J., upon an agreed statement of facts, as follows: The Julie Monneret referred to in the…
1Opinion of the CourtDeCotjbct, J.
This is a bill to reach the verdict obtained in the action of Gagnon v. Legare and to apply it in satisfaction of a debt alleged to be due from Gagnon to the plaintiff Delval. The case is here on an appeal from the decree of the Superior Court dismissing the bill.
Unquestionably the balance due upon the loan made by Mrs. Gagnon to the defendant Gagnon before her marriage to him, can be recovered by her assignee; and that exceeds the amount of the verdict. MacKeown v. Lacey, 200 Mass. 437. Crosby v. Clem, 209 Mass. 193.
Further, we assume, without deciding, that the verdict in the Legare case is…
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