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GRISE v. WHITE

351 Mass. 427 (1966)

221 N.E.2d 874

LIONEL A. GRISE, JR. vs. FRANCIS H. WHITE.

Supreme Judicial Court of Massachusetts, Norfolk.

December 2, 1966.

Attorney(s) appearing for the Case

Stuart DeBard for the plaintiff.

Allen Goodman, for the defendant, submitted a brief.

Waldo Noyes, for the trustee, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

A special precept attaching the defendant White's funds in the hands of Universal Underwriters Insurance Company (Insurance Company) was served on May 29, 1964. The trustee answered "[n]o funds" and was discharged on its motion on July 7, 1965. The discharge was based on the trustee's answers to interrogatories and "certain statements the substance of which is ... set forth" in the plaintiff's bill of exceptions.

At the time of the attachment...

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