Andrews v. Tuttle-Smith Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed as amended and substituted on June 26, 1905, in behalf of the plaintiff and all other creditors, if any, of the defendant the Tuttle-Smith Company, who might join therein and who had assented to the assignments for the benefit of creditors mentioned in the opinion, or to either of those assignments.
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Bill in equity, filed as amended and substituted on June 26, 1905, in behalf of the plaintiff and all other creditors, if any, of the defendant the Tuttle-Smith Company, who might join therein and who had assented to the assignments for the benefit of creditors mentioned in the opinion, or to either of those assignments. The bill alleged that the plaintiff is the owner of the rights of all the creditors under the assignments against the defendant the Tuttle-Smith Company and the other defendants, arising out of the assignments by the Tuttle-Smith Company, for the benefit of its creditors, and…
1Opinion of the CourtBraley, J.
At common law a voluntary assignment by a debtor of his property for the benefit of creditors when accepted by the assignee establishes a trust the enforcement of which may be compelled in equity by a creditor or the assignor, either of whom also may demand and is entitled to an accounting by the assignee of his administration of the assets. New England Bank v. Lewis, 8 Pick. 113, 118. Pingree v. Comstock, 18 Pick. 46. Noyes v. West, 3 Cush. 423. Bouvé v. Cottle, 143 Mass. 310. Hudson v. J. B. Parker Machine Co. 173 Mass. 242. Sawyer v. Cook, 188 Mass. 163, 165. By assignments duly executed,…
2Cases cited19 opinions
- Dunphy v. Traveller Newspaper Ass'nMassachusetts Supreme Judicial Court · 1888
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
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3Cited by36 opinions
- Spinner v. NuttMassachusetts Supreme Judicial Court · 1994
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Pierce v. LymanCalifornia Court of Appeal · 1991
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909
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