Philip Richenburg Insurance Agency, Inc. v. Ruscito Contracting Co.

This is an act of scire facias commenced against the Town of Stoughton, Trustee pursuant to the provisions of G.L. c. 246, §45-

The preliminary facts are:

The plaintiff, Richenburg, had obtained judgment in the District Court against the defendant, Ruscito Contracting Co., Inc., on October 23, 1964. Execution issued on November 2, 1964, in the amount of $9,020.74 and remains unsatisfied.

The town of Stoughton had been served on August 24, 1964 as trustee in the original action but failed to file an answer, was adjudged a trustee upon failure to answer, has refused upon demand to pay the…