Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 36 (2026)

Actions not continued; liability of judgment debtor as trustee

✓ current as of July 2026

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Section 36. If the action is not so continued and judgment is rendered against the defendant, he shall not afterward, while liable to an execution thereon, be adjudged a trustee on account of the demand so recovered against him.

Notes of Decisions

Cited in 2 cases, 1961–1972 · leading case: R. L. Gourley Co. v. Middlesex Eng'g & Equip. Corp., 23 Mass. App. Dec. 128 (Mass. Dist. Ct., App. Div. 1961).

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R. L. Gourley Co. v. Middlesex Eng'g & Equip. Corp., 23 Mass. App. Dec. 128 (Mass. Dist. Ct., App. Div. 1961). · cites it 2× “” (G. L. c. 246, §36), we do not consider these provisions available to the trustee in these proceedings.”

Macquarrie v. Balch, 47 Mass. App. Dec. 170 (Mass. Dist. Ct., App. Div. 1972). “G.L. c. 246, § 36. Of the eight distinct situations which are exempted [by the statute], not one *172 embraces funds on deposit which were originally received by the depositor as welfare payments.”

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