TENNESSEE PLASTICS v. NEW ENGLAND ELECTRIC HEATING


345 Mass. 575 (1963)

188 N.E.2d 569

TENNESSEE PLASTICS, INC. vs. NEW ENGLAND ELECTRIC HEATING CO., INC.

Supreme Judicial Court of Massachusetts, Hampden.

March 8, 1963.


Attorney(s) appearing for the Case

John I. Robinson, for the plaintiff, submitted a brief.

No argument nor brief for the defendant.

Present: WILKINS, C.J., SPADLING, CUTTER, KIRK, & REARDON, JJ.


SPALDING, J.

General Laws c. 246, § 1, as appearing in St. 1943, c. 17, § 1, provides that a bond to pay costs shall be filed with the clerk of court before making service on a trustee where the ad damnum of the writ exceeds $1,000 "except in the case of a writ which contains a statement that the action is ... for goods sold and delivered or for money due under a contract in writing...."1

By a trustee writ dated January...

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