MacQuarrie v. Balch

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtBefore TAURO; TAURO
Citation285 N.E.2d 103,362 Mass. 151
Decision Date15 June 1972
PartiesGloria J. MacQUARRIE v. Vernon BALCH.

Page 103

285 N.E.2d 103
362 Mass. 151
Gloria J. MacQUARRIE
v.
Vernon BALCH.
Supreme Judicial Court of Massachusetts, Suffolk.
Argued May 5, 1972.
Decided June 15, 1972.

Paula W. Gold and Richard A. Glickstein, Dorchester, for petitioner, submitted a brief.

Before TAURO, C.J., and REARDON, QUIRICO, and HENNESSEY, JJ.

TAURO, Chief Justice.

The petitioner sought to procure the discharge of funds from an attachment by trustee process. She appeals from an order of the Appellate Division of the Municipal Court of the City of Boston dismissing a report by a judge of that court who dismissed the petition. The sole issue, one of first impression, is whether G.L. c. 118, § 10, bars trustee process against funds which are paid to a recipient under Aid to Families with Dependent Children (AFDC), G.L. c. 118, and which are deposited by the recipient in a bank account. 1

[362 Mass. 152] We state the pertinent facts. In an earlier action for property damage the respondent obtained a judgment against the petitioner, a recipient of aid under AFDC. The respondent then commenced an action

Page 104

on the judgment by trustee process and named The First National Bank of Boston as trustee. The bank answered it had funds in the name of the petitioner in the amount of $44.93. A finding was made that '(t)he (bank) credit at the time of attachment was monies remaining to the plaintiff in cashing her aid check and paying sundry bills for necessaries.'

'Statute 1967, c. 658, transferred the administration of all parts of the welfare program except aid to veterans under c. 115 to the Commonwealth; and it relieved municipalities from financial responsibility for the functions thus transferred.' Cambridge v. Commissioner of Pub. Welfare, 357 Mass. 183, 188, 257 N.E.2d 782, 786. No change, however, was made in the language of G.L. c. 118, § 10, in the comprehensive revision of G.L. c. 118, by St.1967, c. 658, §§ 27--36. In fact, the portion of the statute in issue has never been changed since its enactment. St.1936, c. 413, § 1. The Legislature is presumed to have had knowledge of the decisions of this court. Condon v. Haitsma, 325 Mass. 371, 373, 90 N.E.2d 549. The law is clear that the Commonwealth cannot be summoned as a trustee under trustee process without statutory authorization and, therefore, there can be no attachment by trustee process of prospective aid payments before they are paid to eligible recipients. Dewey v. Garvey, 130 Mass. 86, 87. William J. McCarthy...

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17 practice notes
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...the operator of a motor vehicle. "The Legislature is presumed to have had knowledge of the decisions of this court." MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972). Further, "[i]n construing a statute, words are to be accorded their ordinary meaning and approved usage." Hash......
  • Waldman v. American Honda Motor Co., Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 10, 1992
    ...for the N. Dist. v. Lowell Div. of the Dist. Court Dep't, 402 Mass. 511, 513-514, 524 N.E.2d 81 (1988), citing MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972). When the Legislature determines that actual, reasonable costs, as distinguished from statutory costs, are to be shif......
  • Pielech v. Massasoit Greyhound, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 20, 1996
    ...of statutory construction that the Legislature is presumed to have had knowledge of the decisions of this court. MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972). See International Fidelity Ins. Co. v. Wilson, 387 Mass. 841, 854, 443 N.E.2d 1308 (1983) (Legislature presumably ......
  • Mammoet Usa v. Entergy Nuclear Generation, No. 04-P-249.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 18, 2005
    ...course have explicitly included transportation or delivery services as lien-entitling had it intended to do so. See MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972); Dahill v. Police Dept. of Boston, 434 Mass. 233, 238-239, 748 N.E.2d 956 24. Webster's Third New Intl. Dictiona......
  • Request a trial to view additional results
17 cases
  • Com. v. Cass
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 16, 1984
    ...the operator of a motor vehicle. "The Legislature is presumed to have had knowledge of the decisions of this court." MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972). Further, "[i]n construing a statute, words are to be accorded their ordinary meaning and approved usage." Hash......
  • Waldman v. American Honda Motor Co., Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 10, 1992
    ...for the N. Dist. v. Lowell Div. of the Dist. Court Dep't, 402 Mass. 511, 513-514, 524 N.E.2d 81 (1988), citing MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972). When the Legislature determines that actual, reasonable costs, as distinguished from statutory costs, are to be shif......
  • Pielech v. Massasoit Greyhound, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • August 20, 1996
    ...of statutory construction that the Legislature is presumed to have had knowledge of the decisions of this court. MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972). See International Fidelity Ins. Co. v. Wilson, 387 Mass. 841, 854, 443 N.E.2d 1308 (1983) (Legislature presumably ......
  • Mammoet Usa v. Entergy Nuclear Generation, No. 04-P-249.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 18, 2005
    ...course have explicitly included transportation or delivery services as lien-entitling had it intended to do so. See MacQuarrie v. Balch, 362 Mass. 151, 152, 285 N.E.2d 103 (1972); Dahill v. Police Dept. of Boston, 434 Mass. 233, 238-239, 748 N.E.2d 956 24. Webster's Third New Intl. Dictiona......
  • Request a trial to view additional results

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