Legal Opinion
Tennessee Plastics, Inc. v. New England Electric Heating Co.
Massachusetts Supreme Judicial Court
Decided March 8, 1963PublishedCited by 10 opinions
1Opinion of the CourtSpalding, J.
General Laws c. 246, § 1, as appearing in St. 1943, c. 17, § 1, provides that a bond to pay costs shall be filed with the clerk of court before making service on a trustee where the ad damnum of the writ exceeds $1,000 “except in the case of a writ which contains a statement that the action is . . . for goods sold and delivered or for money due under a contract in writing . . . J’1
By a trustee writ dated January 6,1960, the plaintiff commenced an action of contract against the defendant. The ad damnum of the writ was $5,000 and no bond was filed. The writ- contained a statement that it was ‘…
2Cases cited7 opinions
- Peterson v. CadoganMassachusetts Supreme Judicial Court · 1943
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
- Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1961
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Farber v. LubinMassachusetts Supreme Judicial Court · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ricciardi & Sons Construction, Inc. v. Oman Realty Associates TrustMassachusetts Supreme Judicial Court · 1971
- Berkowitz v. NeeMassachusetts Appeals Court · 1976
- Briant v. Eugene Engineering Co.Massachusetts District Court, Appellate Division · 1968
- Chamberlin of Massachusetts, Inc. v. ZolaMassachusetts District Court, Appellate Division · 1965
- Constantine v. GunnMassachusetts District Court, Appellate Division · 1969
5 more not listed; retrieve them via the Exa API.