National Shawmut Bank Boston v. City

RUGG, Chief Justice. This action of contract by a national banking association having a usual place of business at Boston
in this commonwealth against a municipal corporation of the state of Maine was begun by trustee process, the First National
Bank of Boston being summoned as trustee. The action was brought to recover on several overdue promissory notes executed by
the defendant to its own order and indorsed by it in blank, payable at the place of business of the plaintiff in Boston. Each
note bore the descriptive title 'Temporary Renewal Loan in Anticipation of Taxes.' The writ was duly served on the trustee.
No service was made on the defendant. The defendant appeared specially and filed a motion to dismiss the action and the trustee. The pertinent facts set out in
that motion are that the defendant is a municipal subdivision of the state of Maine, and that the First National Bank of Boston,
at the time of the service of the writ on it as trustee, had in its possession considerable sums of money, and that the defendant
was being deprived of the use of this money by the service of the writ on the trustee. The Conclusion of the motion is that
the action and the trustee be dismissed because the court has and can obtain no jurisdiction over the defendant. Requests
for rulings filed by the plaintiff were denied and the motion to dismiss was granted. The plaintiff's exceptions bring the
case here.