Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 17 (2026)

Questions of fact; trial

✓ current as of July 2026

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Section 17. A question of fact arising upon such additional allegations may be tried and determined by the court, or it may be submitted to a jury in such manner as the court orders.

Notes of Decisions

Cited in 5 cases, 1954–2001 · leading case: Microwave Antenna Sys. & Tech., Inc. v. Whitney-Pehl Constr. Co., 498 N.E.2d 1059 (Mass. App. Ct. 1986).

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Microwave Antenna Sys. & Tech., Inc. v. Whitney-Pehl Constr. Co., 498 N.E.2d 1059 (Mass. App. Ct. 1986). “G. L. c. 246, § 17. Because, as a result of Microwave’s own acts, the proceeding was terminated at a preliminary stage, Microwave had no real opportunity to present the breach of contract issue in the first lawsuit.”

Yandell v. White City Amusement Park, Inc., 232 F. Supp. 582 (D. Mass. 1964). “G.L. c. 246, § 17.) Simply put, the issue is, what credits of the White City Amusement Park, Inc.”

Astuccio v. R.K. Ahern Co., 740 N.E.2d 647 (Mass. App. Ct. 2001). “Upon remand, a judge of the Superior Court may determine whether those factual issues should be tried by him or a jury, G. L. c. 246, § 17, and the burden will lie with the plaintiff to show that the trustee should be charged in an amount greater than the sum set forth in its…”

Lei Jiang v. Wolf, 1998 Mass. App. Div. 137 (Mass. Dist. Ct., App. Div. 1998). “On October 2, 1997, the defendant filed an objection and a request for a G.L.c. 246, § 17 hearing on the issue of whether the funds held by the trustee were due to the defendant “absolutely and without contingency” at the time of service of the trustee summons as required by G.”

Royal Tire Co. v. Terrio, 7 Mass. App. Dec. 137 (Mass. Dist. Ct., App. Div. 1954). “The answer only admits a credit standing in the name of the principal defendant and further sets forth the written consent of the defendant "relinquishing all money due” to Buchhalter and after stating doubts as to whether it is chargeable submits itself to examination and…”

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