Irving Levitt Co. v. Boone's, Inc.

This is an action of contract commenced by trustee writ. Service was made on the trustee at 10:25 A.M. on March 28, 1963. Its answer stated that it was holding funds of the defendant in the amount of $5000.

Merrill Rosenberg and Jason Rosenberg, under the provisions of G. L. c. 246, §33, *116entered an appearance in the case and claimed the funds of the defendant in the hands of the trustee, alleging that they were assignees of the defendant for the benefit of its .creditors. They moved that the court order that the funds be turned over to them in their capacity as assignees.

At a hearing on the…