ABBOT LUMBER & BUILDING SUPPLY v. CUSHING CONSTRUCTION


330 Mass. 182 (1953)

112 N.E.2d 245

ABBOT LUMBER AND BUILDING SUPPLY CO., INC. vs. CUSHING CONSTRUCTION CO., INC., IRVING S. STONE, claimant (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 30, 1953.


Attorney(s) appearing for the Case

Louis Kobrin, for the plaintiffs, submitted a brief.

John A. Daly, for the claimant.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


COUNIHAN, J.

These are two actions of contract. The dispute between the real parties before us arises out of certain trustee process attachments by the plaintiffs in which the town of Needham was named as trustee. G.L. (Ter. Ed.) c. 246, § 20. Irving S. Stone was admitted as an adverse claimant. C. 246, §§ 33-34. The actions were referred to an auditor whose findings were to be final. The actions come here upon exceptions of the plaintiffs to the denial...

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