Section 59. If a person summoned as trustee is bound by contract to deliver specific property to the defendant at a certain time and place within the commonwealth, he shall not be required by reason of the trustee process to deliver it at any other time or place; and he may, notwithstanding such process, tender or deliver it to the person entitled thereto under the contract at the time and place therein mentioned, unless he has been previously adjudged a trustee on account thereof.