Schofield v. McConnell
Massachusetts Supreme Judicial Court
Trustee process to recover $29 for medical attendance. Writ dated August 28, 1874. The defendant was defaulted. The Washburn & Moen Manufacturing Company, summoned as trustee, admitted that, at the time of service upon it, there was in its hands the sum of $103.30, due the defendant.
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Trustee process to recover $29 for medical attendance. Writ dated August 28, 1874. The defendant was defaulted. The Washburn & Moen Manufacturing Company, summoned as trustee, admitted that, at the time of service upon it, there was in its hands the sum of $103.30, due the defendant. Sibley Putnam appeared as claimant of the funds in the hands of the trustee, by virtue of the following assignment, under seal, dated December 13, 1873, signed by the defendant, and duly recorded: “ Know all men by these presents, that I, Thomas McConnell, of Worcester, in the county of Worcester and Commonwealth…
1Opinion of the CourtColt, J.
The court could not properly rule as matter of law that the assignment was not sufficient to transfer all wages due after February 1, 1874. The sentence in which this date occurs expressly refers to the more prominent previous clause extending the assignment to February 1, 1875, and is plainly not intended to limit its effect. It is a manifest clerical error.
The facts relied on by the plaintiff to impeach the validity of the assignment were entitled to consideration as bearing upon its alleged fraudulent character. But on that point it was found as a fact that there was no intent on the part…
2Cited by2 opinions
- Robinson v. McKennaSupreme Court of Rhode Island · 1898
- Provencher v. BrooksSupreme Court of New Hampshire · 1887