Foss v. Roby
Massachusetts Supreme Judicial Court
Bill ir equity, filed in the Superior Court on October 6, 1908, by Lewis T. Foss and Elmer J. Marston, copartners under the firm name of Foss and Marston, engaged in the practice of dentistry at 101 Tremont Street in Boston, against Fred F. Roby, a former partner of the plaintiff Foss, who together with the plaintiff Foss formerly practised dentistry in Boston and its vicinity under the firm name of Foss and Roby at an office at 132 Court Street in Boston, and who on…
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Bill ir equity, filed in the Superior Court on October 6, 1908, by Lewis T. Foss and Elmer J. Marston, copartners under the firm name of Foss and Marston, engaged in the practice of dentistry at 101 Tremont Street in Boston, against Fred F. Roby, a former partner of the plaintiff Foss, who together with the plaintiff Foss formerly practised dentistry in Boston and its vicinity under the firm name of Foss and Roby at an office at 132 Court Street in Boston, and who on December 1, 1900, by a bill of sale in writing sold to the plaintiff Foss for the sum of $2,500 all his interest in the…
1Opinion of the CourtBraley, J.
The title of the plaintiffs to maintain their bill, although questioned by the defendant, is not affected by the intervening bankruptcy of Foss, for by the conveyances described in the fourth paragraph of the bill the firm has become vested with his interest. Lothrop Publishing Co. v. Lothrop, Lee & Shepard Co. 191 Mass. 858. Jenkins v. Eliot, 192 Mass. 474.
The evidence taken by a commissioner not having been reported, the case is before us on the pleadings, the interrogatories and answers, and the findings of fact. It appears that the plaintiff Foss and the defendant were partners engaged in…
2Cases cited9 opinions
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907
- Gregory v. SpiekerCalifornia Supreme Court · 1895
- Hutchinson v. NayMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. UhrigMassachusetts Supreme Judicial Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Sherman v. PfefferkornMassachusetts Supreme Judicial Court · 1922
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Martin v. JablonskiMassachusetts Supreme Judicial Court · 1925
- Foster v. WhiteAppellate Division of the Supreme Court of the State of New York · 1936
32 more not listed; retrieve them via the Exa API.