(DOWNLOAD) "Dunham Bros. Co. v. Gordon Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Dunham Bros. Co. v. Gordon Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
PIERCE, Justice. This is an action of contract brought in the District Court wherein the plaintiff summoned one Max Leavitt as trustee. The trustee answered, no funds. The defendant defaulted and judgment was entered for the plaintiff. Thereafter the plaintiff filed interrogatories to the alleged trustee. The trustee's answers to the interrogatories disclosed that on May 13, 1932, the defendant in the writ had executed and delivered to the alleged trustee a deed of trust of 'Men's clothing and furnishings' for the benefit of his creditors; that the appraised value of such merchandise and fixtures was approximately $1,500; that the alleged trustee sold this merchandise to a corporation and received therefor $1,550; and that the defendant, through the alleged trustee, made an offer of twenty per cent, to his creditors in payment of their demands which totaled $5,444.74. Interrogatory 5 read: 'Give the names of the creditors of said Louis Gordon who had assented to the Deed of Trust at the time the trustee writ was served on you in this action and the dates the assents were received, and also the amount of each of the claims.' The trustee answered interrogatory 5 as follows: 'I decline to furnish the names of the creditors. The total due assenting creditors at the time the writ was served [the writ was entered and the declaration filed on June 11, 1932] on me was greater in amount than the value of the assets at a fair appraisal.' Interrogatory 6 read: 'What was done with the assets of Louis Gordon?' This interrogatory was answered by the alleged trustee as follows: 'They were sold to Gordon's Inc., Gloucester, Mass.' As above shown the trustee's answers disclosed that on May 13, 1932 (the writ was returnable into court on June 11, 1932), the said trustee had had assets of the defendant of the appraised value of $1,500, which he subsequently sold for $1,550; that the said defendant owed his creditors $5,444.74; that the said defendant through the said trustee had made his creditors a composition offer of twenty per cent. -- a total of $1,088.95 which we assume off the record in support of the trustee's answer was accepted by all the defendant's creditors except the plaintiff. This left a balance in the hands and possession of the trustee which was subject to inquiry and charge in trustee process by any creditor who had not assented to the assignment. Morse v. Bebee, 2 Allen, 466; Sinclair v. Napoli Cafeteria, Inc., 244 Mass. 221, 138 N.E. 327.
 "Dunham Bros. Co. v. Gordon Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free){kind=link}