LOYAL ERECTORS, INC. v. HAMILTON & SON, INC.


312 A.2d 748 (1973)

LOYAL ERECTORS, INC. v. HAMILTON & SON, INC. and Robert C. Ford, Inc.

Supreme Judicial Court of Maine.

December 4, 1973.


Attorney(s) appearing for the Case

Lipman & Gingras by Sumner H. Lipman, Augusta, for plaintiff.

Brann & Isaacson by Peter Garcia, Lewiston, Linnell, Choate & Webber by Frank W. Linnell, Auburn, for defendants.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.


DUFRESNE, Chief Justice.

On July 7, 1971 the plaintiff, Loyal Erectors, Inc., initiated proceedings against the principal defendant, Hamilton & Son, Inc. (Hamilton), for the recovery of $40,301.58, plus interest, which the plaintiff asserts Hamilton owes it by virtue of certain contractual obligations. In the prosecution of its claim, the plaintiff, pursuant to Rule 4B, M.R.C.P., on July 15, 1971 served a trustee summons on Robert C. Ford, Inc. (Ford), requiring...

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