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AETNA CASUALTY & SURETY CO. v. HARVARD TRUST CO.

344 Mass. 160 (1962)

181 N.E.2d 673

THE AETNA CASUALTY AND SURETY COMPANY vs. HARVARD TRUST COMPANY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 11, 1962.

Attorney(s) appearing for the Case

Edward O. Proctor, (Elmer W. Beasley of Connecticut, with him,) for the plaintiff.

Waldo Noyes, (Sumner R. Andrews with him,) for the defendants.

Present: WILKINS, C.J., SPALDING, WILLIAMS, CUTTER, & KIRK, JJ.

CUTTER, J.

This is a bill in equity brought by the surety company (Aetna) against the trust company (Harvard) and D.C. Loveys Company (Loveys) to determine the priorities of Aetna and Harvard with respect to funds earned under six construction contracts. A master's report was confirmed. A Superior Court judge has reported the case without decision upon the amended pleadings, the master's report, and a short supplemental stipulation.

Loveys conducted a contracting...

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