Jordan v. Harmon
Supreme Judicial Court of Maine
On exceptions from municipal court of Lewiston, certified to 'the law court, in accordance with the provisions of § 10 of the act establishing the municipal court of Lewiston. Assumpsit on an account annexed for necessaries. The exceptions were to the ruling of the municipal judge discharging the trustee upon the following disclosure : "On the twelfth day of April, 1881, I was station agent of Maine Central Railroad at Lisbon, Maine.
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On exceptions from municipal court of Lewiston, certified to 'the law court, in accordance with the provisions of § 10 of the act establishing the municipal court of Lewiston. Assumpsit on an account annexed for necessaries. The exceptions were to the ruling of the municipal judge discharging the trustee upon the following disclosure : "On the twelfth day of April, 1881, I was station agent of Maine Central Railroad at Lisbon, Maine. On that day I received from T. P. Shaw, paymaster of said corporation, the. sum of $29.70 in lawful money, the same being the sum due from said corporation to…
1Opinion of the CourtBarrows, J.
If a creditor would make the goods, effects or credits of his debtor, in the hands and possession of an alleged trustee available for the payment of his debt, he must pursue the course prescribed by the statutes regulating trustee process. He cannot have an adjudication against the trustee which will expose the trustee to litigation with any third party whose claim to the fund by virtue of an assignment from the principal debtor, or in any other way, has been made known by the trustee in his disclosure.
In E. S., c. 86, § 32, the course which the plaintiff must take in such case is marked out.…
2Cited by3 opinions
- Biette v. Scott Dugas Trucking & Excavating, Inc.Supreme Judicial Court of Maine · 1996
- Abe M. Draisner v. Liss Realty Co.Court of Appeals for the D.C. Circuit · 1955
- Levy v. MillerSupreme Court of Minnesota · 1888