Schino
Schino v. Cinquini
Opinion
lead Opinion
Chipman, J.
Proceedings supplemental to execution. It appears from the transcript that on January 19, 1907, plaintiff recovered judgment against defendants in the superior court for $531.25; execution issued and was returned unsatisfied; upon the affidavit of plaintiff that defendant Ansermo Cinquini had property which he refused to apply toward the payment of said judgment, the court ordered him to appear and answer concerning his property. At the hearing on May 21, 1907, one Hayes was sworn on behalf of plain tiff and testified that he was vice-president of the Hayes Company; that defendant Ansermo Cinquini “has been working for Hayes Company, of which I am an officer, from December 16, 1906, until the present time, and there is now due from Hayes Company for the labor he has performed the sum of $132.65; the said Hayes Company does not owe Ansermo Cinquini anything by reason or otherwise of any labor performed by him for said company.” He further testified that on 'January 16, 1907 (before the entry of judgment), the Hayes Company received a written notice of assignment and transfer by defendant Ansermo Cinquini reading: “ . . . I have assigned and transferred to G. Coppellotti ... all…