Chipman v. Peabody
Massachusetts Supreme Judicial Court
Bill in EQUITY, brought by the assignee in insolvency in . Massachusetts of the joint and separate estates of Dudley Hall and Dudley C. Hall, to compel the defendant Francis H. Peabody to assign to the plaintiff a mortgage of land in Maine given to him by one of the insolvents. The facts are stated in the opinion.
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Bill in EQUITY, brought by the assignee in insolvency in . Massachusetts of the joint and separate estates of Dudley Hall and Dudley C. Hall, to compel the defendant Francis H. Peabody to assign to the plaintiff a mortgage of land in Maine given to him by one of the insolvents. The facts are stated in the opinion. The case was heard upon the defendants’ demurrer before Lathrop, J., who reserved it for the consideration of the full court, upon the question whether, upon the allegations in the bill, the plaintiff was entitled to any relief. If so entitled, the case was to stand for further…
1Opinion of the CourtField, C. J.
This case comes before us upon demurrer to the plaintiff’s bill. It appears from the bill that Dudley Hall and Dudley C. Hall were partners, under the name of Dudley Hall and Company. We infer that both were inhabitants of this Commonwealth. They filed a voluntary petition in insolvency in the Court of Insolvency for the County of Middlesex, in this Commonwealth, and were duly adjudged insolvent debtors, and the plaintiff and one Haskins were appointed assignees of the joint and separate estates of said partners, and we infer that an assignment of their joint and separate estates was duly…
2Cases cited2 opinions
- Chipman v. Manufacturers' National BankMassachusetts Supreme Judicial Court · 1892
- Batcheller v. National Bank of the RepublicMassachusetts Supreme Judicial Court · 1892