Porter v. Giles
Massachusetts Supreme Judicial Court
Contract upon a bond given under the St. of 1877, e. 97, for the dissolution of an attachment by trustee process. Trial with out a jury in the Superior Court, before Putnam, J., who found the following facts: The plaintiff brought an action against Alford Greenough and against the King Philip Mill as his trustee.
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Contract upon a bond given under the St. of 1877, e. 97, for the dissolution of an attachment by trustee process. Trial with out a jury in the Superior Court, before Putnam, J., who found the following facts: The plaintiff brought an action against Alford Greenough and against the King Philip Mill as his trustee. The present defendant Giles, claiming an interest by assignment in pais in the money and credits in the hands of the trustee, gave and filed the bond now sued on, with the other defendants as his sureties, reciting the attachment by trustee process of such money and credits, and his…
1Opinion of the CourtGray, C. J.
The bond in suit was given pursuant to the St. of 1877, o. 97, which provides, in § 1, that any person having an interest, by assignment or otherwise, in money or credits attached by trustee process in an action against another, may at any time before final judgment dissolve such attachment, or any part thereof, by giving bond, with sureties, “ with condition to pay to the plaintiff the sum to which the bond applies and for which the trustee may be charged, if any, not exceeding the value of the property in his hands, or so much thereof as will satisfy the amount recovered by the plaintiff,…
2Cited by3 opinions
- Webb v. CohenMassachusetts Supreme Judicial Court · 1932
- Cunningham v. HoganMassachusetts Supreme Judicial Court · 1884
- Laplante v. MorelloMassachusetts District Court, Appellate Division · 1936