Peleg Adams v. Major H. Tyler &Amp; Trustee
| Decision Date | 14 December 1876 |
| Citation | 121 Mass. 380 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Peleg Adams v. Major H. Tyler & trustee |
Franklin. Trustee process. The county of Franklin was summoned as trustee of the principal defendant, and the county treasurer in his answer disclosed that, before the service of this process, the county was indebted to the principal defendant in the sum of $ 125, for services performed as messenger in charge of the court-house, under an appointment by the county commissioners, at the rate of $ 500 per year, payable quarterly; that he had been ordered to pay said sum, but, before payment was made, an assignment was presented to him of said sum, and the holder of the assignment claimed said sum of $ 125. Upon this answer, the question whether the trustee in any event might be charged was submitted by agreement to the Superior Court, and, after judgment for the claimant and the discharge of the trustee to this court, on appeal. If the trustee might be charged the case was to stand for trial; otherwise, the trustee to be discharged, and judgment for the claimant.
Case Stand for further hearing.
A. De Wolf, for the plaintiff.
S. O. Lamb & C. C. Conant, for the trustee.
By our law, all personal actions, with certain exceptions not necessary to be now considered, may be commenced by trustee process, and any person or corporation may be summoned as trustee of the defendant therein. Gen. Sts. c. 142 § 1. It is also provided that each county of the Commonwealth "shall continue a body politic and corporate for the following purposes: to sue and be sued, to purchase and hold for the use of the county personal estate, and lands lying within its own limits, and to make necessary contracts, and do necessary acts in relation to the property and concerns of the county." Gen. Sts. c. 17, § 1. And by § 5 it is made the duty of the county to provide a suitable court-house for the use of the county. There can be no doubt, therefore, of the right of the county of Franklin to make any necessary contract, not only for the providing of a court-house, but also for keeping it in a proper and convenient condition for use. The appointment of the principal defendant, at a fixed salary, as messenger, having the care of the court-house, and his acceptance of the appointment, constituted a contract which was binding upon the county. In such a state of things,...
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