Cardany v. New England Furniture Co.
Massachusetts Supreme Judicial Court
Trustee process. Joseph H. Bragdon, summoned as trustee of the defendants, answered, and filed answers to interrogatories put by the plaintiff. The superior court ordered the trustee to be discharged, and the plaintiff appealed. The facts are stated in the opinion.
1Opinion of the CourtColt, J.
The question of the trustee’s liability in this case is to be decided wholly by the facts disclosed in his answer. Neither the plaintiff nor the defendants, in the suit in which it is sought to charge him, allege or seek to prove any fact, not stated or denied, which is material to the decision of the question. Gen. Sts. c. 142, § 11. In arriving at the facts, the plain and natural import of the language of the answer, taken together, must control, and the trustee is to be charged or not, according as the evidence afforded by the whole answer preponderates. There is no presumption in advance,…
2Cited by6 opinions
- Workers' Credit Union v. HannulaMassachusetts Supreme Judicial Court · 1934
- Tryton v. MerrillMassachusetts Supreme Judicial Court · 1874
- A. G. Walton & Co. v. LevensonMassachusetts Supreme Judicial Court · 1937
- Bove v. TorricelliMassachusetts District Court, Appellate Division · 1936
- Herman v. Pilgrim Trust Co.Massachusetts District Court, Appellate Division · 1941
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