Neszery v. Beard
Massachusetts Supreme Judicial Court
Contract under R. L. c. 165, § 49, to recover $267.09, collected for the plaintiff by the defendant as an attorney at law, with four times the lawful interest thereon from April 1, 1914, when the money was in the hands of the defendant and was demanded by the plaintiff. Writ in the Municipal Court of the City of Boston dated May 2, 1914. On removal to the Superior Court the case was tried before Bell, J. The evidence is described in the opinion.
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Contract under R. L. c. 165, § 49, to recover $267.09, collected for the plaintiff by the defendant as an attorney at law, with four times the lawful interest thereon from April 1, 1914, when the money was in the hands of the defendant and was demanded by the plaintiff. Writ in the Municipal Court of the City of Boston dated May 2, 1914. On removal to the Superior Court the case was tried before Bell, J. The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to make the ruling quoted in the opinion. The judge refused to make this ruling. The jury…
1Opinion of the CourtPierce, J.
On April 29, 1914, by writ of even date issued out of the Municipal Court of the City of Boston and returnable to that court on May 9, 1914, the defendant in the case at bar was summoned to answer as trustee of Charles Neszery, the defendant in that writ and the plaintiff in the pending action.
On May 2,1914, the attachment by trustee process was dissolved by the giving of a bond with sufficient sureties, approved by a master in chancery, after notice and hearing given and conducted in pursuance of the requirements of R. L. c. 167, §§ 116, 117. The bond, after approval, on the same day was…
2Cases cited5 opinions
- Whipple v. RobbinsMassachusetts Supreme Judicial Court · 1867
- American Bank v. RollinsMassachusetts Supreme Judicial Court · 1868
- Craig Silver Co. v. SmithMassachusetts Supreme Judicial Court · 1895
- Winthrop v. CarltonMassachusetts Supreme Judicial Court · 1812
- Kellogg v. WaiteMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- Solomon v. Continental InsuranceMassachusetts Supreme Judicial Court · 1927