Fuller v. O'Brien
Massachusetts Supreme Judicial Court
Trustee process. Writ dated September 6,1875. John J. Power, summoned as trustee, answered, denying that, at the time of the service upon him, he had in his hands and possession any goods, effects or credits of the principal defendants.
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Trustee process. Writ dated September 6,1875. John J. Power, summoned as trustee, answered, denying that, at the time of the service upon him, he had in his hands and possession any goods, effects or credits of the principal defendants. The plaintiff thereupon filed interrogatories to the trustee, and the material portions of his answers thereto were that, as agent of Patrick T. O’Reilly, he entered into a contract with the principal defendants for the building of St. Paul’s Church in Worcester, and that there was due from O’Reilly to the principal defendants by virtue of the contract, at the…
1Opinion of the CourtAmes, J.
By the terms of the written agreement, it appears that whatever sum should become due to the principal defendant was payable in the negotiable promissory notes of the trustee. The dates and amounts of each of these notes were fixed by the terms of the contract, but it does not distinctly appear at what times they were respectively to become payable. The provision as to allowing interest in case the time should run beyond the first, of October, 1875, is an indication that the notes were not expected to be payable on demand. One of these notes was to be for $2000 and to bear date August 1st,…
2Cases cited2 opinions
- Hancock v. ColyerMassachusetts Supreme Judicial Court · 1868
- Knight v. BowleyMassachusetts Supreme Judicial Court · 1875
3Cited by2 opinions
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- National Union Bank v. BrainerdSupreme Court of Vermont · 1893