[Download] "Dodge v. Anna Jaques Hospital Et Al." by Supreme Court of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: Dodge v. Anna Jaques Hospital Et Al.
- Author : Supreme Court of Minnesota
- Release Date : January 04, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
DOLAN, Justice. This is a suit in equity in which the plaintiff seeks to establish a resulting trust in certain contributions made by him to the defendant hospital (hereinafter called the defendant) in May and December, 1928, for the purpose of removing and rebuilding a building formerly used by the defendant as an Anti-Tuberculosis Building, and to compel the return of the money so contributed. The suit was filed in the Supreme Judicial Court for the county of Essex and was referred to a master who reported thereon. By order of a single Justice of this court an interlocutory decree was entered overruling the defendants exceptions and confirming the masters report, and a final decree was entered that the defendant held the sum of $2,100 upon a resulting trust in favor of the plaintiff and that the defendant collect that sum from its bank account in the First and Ocean National Bank and pay it over to the plaintiff, with interest from the date of filing the bill and costs. The interlocutory decree was entered on January 4, 1938, and the final decree on February 14, 1938. On February 26, 1938, the defendant appealed from the interlocutory decree overruling the said defendants exceptions and confirming the Masters report, and * * * from the final decree * * * entered on February 14, 1938. In so far as the appeal purported to be from the interlocutory decree it was not seasonably taken, and the only appeal before us is that from the final decree. G.L.(Ter.Ed.) c. 214, çç 19, 26. Hays v. The Georgian, Inc., 280 Mass. 10, 15, 181 N.E. 765, 85 A.L.R. 1251. The correctness of the interlocutory decree, however, is open for consideration upon the appeal from the final decree. G.L.(Ter.Ed.) c. 214, ç 27; Gibbons v. Gibbons, Mass., 4 N.E.2d 1019.