Winsted Bank v. Adams
Massachusetts Supreme Judicial Court
Trustee process, returnable at October term 1865 of the superior court. The trustee made a general answer disclosing no goods, effects or credits of the deiendant.
Read the full summary
Trustee process, returnable at October term 1865 of the superior court. The trustee made a general answer disclosing no goods, effects or credits of the deiendant. The plaintiff thereupon examined him; and, by his answers to the plaintiff’s interrogatories, it appeared that he was the defendant’s father, and that, in the autumn of 1861, being an indorser for the defendant for more than twenty thousand dollars, and hearing that the defendant was in financial trouble, he went to New York, where was the defendant’s place of business, and remained there about ten days, receiving during that time…
1Opinion of the CourtHoar, J.
It was decided in Collins v. Smith, 12 Gray, 431, that it is competent for the court in which a trustee process is pending, at any stage of the proceedings before ultimate judgment, to receive a new and additional answer upon the trustee’s own motion, without a new interrogatory from the other party; and that justice requires that this should be done, when, through inadvertence or misapprehension, material facts have been wholly omitted in previous statements. It was further held in that case that such additional answer might be received, after the plaintiff had filed allegations of facts,…
2Cited by6 opinions
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
- Tryton v. MerrillMassachusetts Supreme Judicial Court · 1874
- American Register Co. v. HarringtonBoston Municipal Court · 1941
- Bove v. TorricelliMassachusetts District Court, Appellate Division · 1936
1 more not listed; retrieve them via the Exa API.