A Practical Treatise on the Trustee Process, Or, Foreign Attachment; Of the Laws of Massachusetts and Maine

A Practical Treatise on the Trustee Process, Or, Foreign Attachment; Of the Laws of Massachusetts and Maine

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ...at length 'in writing.2 225. The issue, between the plaintiff and the trustee, is, whether the latter, at the time of the service of the process upon him,3 had any goods, effects, or credits of the defendant in his hands or possession. The particular point of time, however, at which the trustee's liability becomes fixed, is not that of the actual service of the writ, but of his actual knowledge of such service: For he may legally discharge himself, by any valid transaction between 1 Adams et al. vs. Cordis, 8 Pick. R. 270. 2 In the case of Whiting vs. Earle If tr. 3 Pick. R. 201, a party, claiming as assignee of the defendant, was admitted to become a party to the suit and filed interrogatories. And in the case of Davis et al. vs. Ham et al. If trs. 3 Mass. R. 33, certain persons, claiming as assignees, were, by a rule of court, admitted to become parties; but for what purpose, or whether for any purpose, does not appear by the report of the case. 3 The general issue, under the custom of London, is, whether the garnishee, at the time of the attachment made or at any time after, had any moneys or goods of the defendant in his hands. Priv. Lond. 255. In Pennsylvania, the general plea of the garnishee is, that he had no goods or effects in his hands at the time of the attachment or any time after. Sergeant on Attachment, 91. him and the defendant, previous to an actual knowledge of the service on his part.1 And so one of several partners may legally discharge the firm, by any valid transaction between himself, (acting for the firm) and the defendant, at any time before he receives actual knowledge of the service of the process: but, if one, who is not served with process, know that a service has been made upon his copartners, he cannot discharge the...show more

Product details

  • Paperback | 80 pages
  • 189 x 246 x 4mm | 159g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236577825
  • 9781236577825