Peck Bros. & Co. v. Stratton

Massachusetts Supreme Judicial Court

Peck Bros. & Co. v. Stratton

118 Mass. 406, 1875 Mass. LEXIS 384

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 25, 1875

StatusPublished

Cited by8 cases

This text of 118 Mass. 406 (Peck Bros. & Co. v. Stratton) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peck Bros. & Co. v. Stratton, 118 Mass. 406, 1875 Mass. LEXIS 384 (Mass. 1875).

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Opinion

Gray, C. J.

The plaintiff not undertaking to maintain his attachment of the fund in the hands of the trustee, but abandoning all right to it, the only judgment could be that the trustee be discharged. The conflicting rights of the defendants, the trustee and the claimants could not be settled in this suit. The excepting claimant is not therefore prejudiced by the judgment of the Superior Court. ¡Exceptions overruled.

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Gray, C. J.

The plaintiff not undertaking to maintain his attachment of the fund in the hands of the trustee, but abandoning all right to it, the only judgment could be that the trustee be discharged. The conflicting rights of the defendants, the trustee and the claimants could not be settled in this suit. The excepting claimant is not therefore prejudiced by the judgment of the Superior Court. ¡Exceptions overruled.

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Bluebook (online)

118 Mass. 406, 1875 Mass. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-bros-co-v-stratton-mass-1875.

Opinion

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