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213 Mass. 373

Murray v. Haynes

Massachusetts Supreme Judicial Court

Decided January 28, 1913

Massachusetts Supreme Judicial Court · decided 1913-01-28

Contract to recover $97.50 for work done for the defendant from March 1 to April 15, 1909, according to an account annexed, the Holt-Fairchild Company, a corporation, being summoned as trustee. Writ in the Municipal Court of the City of Boston dated May 24, 1909. The trustee filed an answer admitting that it had in its hands at the time of the service of the writ goods, effects and credits of the defendant to the amount of $83.97.

Decided 1913-01-28

Hammond, J.

¶1This is a plain case. Without reciting the evidence in detail it is sufficient to say that the questions, whether the order was given by Haynes to the claimant before the service of the writ upon the Holt-Fairchild Company, the alleged trustee, whether at the time it was given there was any money due from the company to Haynes “for teaming sand and old brick,” to the church named in the order, and whether at the time of the service of the writ upon the company any of the money still in its hands was the sum covered by the order, and, if so, how much, were questions of fact and they were properly submitted to the jury.

¶2Exceptions overruled.

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