Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 24 (2026)

Money, etc., due but not payable; attachment

✓ current as of July 2026

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Section 24. Money or any other thing due to the defendant absolutely and without any contingency may be so attached before it has become payable, but the trustee shall not be compelled to pay or deliver it before the time appointed by the contract.

Notes of Decisions

Cited in 9 cases, 1921–2002 · leading case: Goodspeed's Book Shop, Inc. v. State Street Bank & Trust Co., 391 N.E.2d 1262 (Mass. App. Ct. 1979).

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Goodspeed's Book Shop, Inc. v. State Street Bank & Trust Co., 391 N.E.2d 1262 (Mass. App. Ct. 1979). · cites it 2× “G. L. c. 246, § 24. If a third person claims such goods or credits, as did Sotheby here, he is permitted to intervene as a claimant “in order to determine his title” to them.”

Neihaus v. Maxwell, 766 N.E.2d 556 (Mass. App. Ct. 2002). “See G. L. c. 246, § 24; Goodspeed’s Book Shop, Inc.”

Schneider v. Margossian, 349 F. Supp. 741 (D. Mass. 1972). “G.L. c. 246, § 24. In Fuentes v. Shevin, 1972, 407 U.”

Krogman v. Rice Bros., 135 N.E. 161 (Mass. 1922). “See G. L. c. 246, § 24. The contract provided that these payments were to be made “upon fulfilment of the conditions hereinafter specified,” which related to insurance, time of construction, freedom from liens as hereinafter set forth, and quality of steel.”

Wilson v. Cent. Vermont Ry. Co., 239 Mass. 80 (Mass. 1921). “189, § 23 (G. L. c. 246, § 24.) It is unnecessary to pass upon this defence, as a conclusive objection to the bill is that the United States, in whose possession the property is alleged to be, and which is materially interested in the issues of its indebtedness *83 to the…”

U.S. Trust v. Am. Travel, Inc., 4 Mass. L. Rptr. 310 (Mass. Super. Ct. 1995). “G.L.c. 246, §24. Absent some other bar, therefore, debts unconditionally due and owing may be attached on trustee process, whether those debts were created through personal services or otherwise.”

Thompson-Durkee Co. v. Express Plumbing & Heating Co., 1994 Mass. App. Div. 190 (Mass. Dist. Ct., App. Div. 1994). “WCIS’ motion to supersede the trustee execution issued herein should have been allowed on the additional ground that the amount of such execution was in error.”

United Co-Operative Farmers, Inc. v. Aksila, 156 F. Supp. 118 (D. Mass. 1957). “G.L. c. 246, § 24. See Jordan v. Lavin, 319 Mass.”

John Sexton & Co. v. Olde Field Food Prods., Inc., 28 Mass. App. Dec. 112 (Mass. Dist. Ct., App. Div. 1964). “…Inc. “absolutely and without contingency”, and the court properly ruled that the trustee should be discharged. G. L. c. 246, §24. Report dismissed.”

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