Hatheway v. Reed

• Decision Date: 28 June 1879
• Citation: 127 Mass. 136
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Bowers C. Hatheway v. Robert H. Reed & trustee

127 Mass. 136

Bowers C. Hatheway v. Robert H. Reed & trustee

Supreme Court of Massachusetts

June 28, 1879

Suffolk. Trustee process. Writ dated July 28, 1877, and served upon the trustee August 1, 1877. The defendant was defaulted. The Adams Express Company, summoned as trustee answered that at the time of the service of the writ upon it it had no goods, effects or credits of the defendant in its hands. By a further answer, it stated "that on September 28, 1876, the defendant, by a written instrument duly recorded (a copy whereof is hereto annexed), assigned all the wages that should become due to him from said company, from the date thereof to January 1, 1878, to F. O. Barrett, of Boston; that the company was notified of said assignment about the time of the making thereof; that since said notification the wages of the defendant have always been paid to said Barrett; that the July wages of the defendant, viz $ 75, were paid as usual to said Barrett; and that since said assignment the company has had none of the goods, effects or credits of the defendant in its hands or possession." The copy of the assignment annexed to the answer purported to be signed and sealed by the defendant, and to be as follows "Know all men by these presents, that I, R. H. Reed, of Southbridge, in the county of Worcester, in consideration of $ 900, to me paid by F. O. Barrett, of the city of Boston, the receipt whereof I do hereby acknowledge, do hereby assign and transfer to said Barrett all claims and demands which I now have, and all which, at any time between the date hereof and the first day of January, 1878, I may and shall have against the Adams Express Company, for all sums of money due, and for all sums of money and demands which, at any time between the date hereof and the said first day of January, 1878, may and shall become due to me for services as its messenger or agent, to have and to hold the same to the said Barrett, his executors, administrators and assigns, forever. And I. R. H. Reed, do hereby constitute and appoint the said F. O. Barrett, and his assigns, to be my attorney, irrevocable in the premises; to do and perform all acts, matters and things touching the premises, in the like manner to all intents and purposes as I could if personally present. In witness whereof I have set my hand and seal, this twenty-eighth day of September, 1876."

On this was the following: "Received and entered September 28 1876...