Pickens v. Hathaway
Massachusetts Supreme Judicial Court
Contract on an agreement for carting stone for the defendant. In the superior court, the case was referred to an auditor, whose report the plaintiff introduced in evidence at the trial and rested his case.
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Contract on an agreement for carting stone for the defendant. In the superior court, the case was referred to an auditor, whose report the plaintiff introduced in evidence at the trial and rested his case. The defendant offered no evidence; Rockwell, J., ruled that the plaintiff was entitled to recover a sum found by the auditor to be due from the defendant on the contract, and directed a verdict for the plaintif which was returned; and the defendant alleged executions :?re pleadings, and tire facto found by the auditor, so far as they are material, are stated in the opinion.
1Opinion of the CourtColt, J.
The facts that appear material to the questions raised in this ease, as found by the auditor, are, that a valid, existing executory contract, by which the plaintiff was to supply a certain quantity of stone and the defendant pay a certain price for the same, was colorably transferred or assigned to one Downing, while its performance by the plaintiff was in progress, for the purpose of preventing any moneys that-might become due thereon from being attached by the plaintiff’s creditors; that this was known to Downing and the defendant, or that they bad good reason to know it; and that…
2Cited by1 opinion
- Caswell v. FellowsMassachusetts Supreme Judicial Court · 1872