American Security & Trust Co. v. Brooks
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 22, 1916. The allegations in the bill were in substance that the plaintiffs were the executors of and trustees under the will of Eliphalet F. Andrews, late of Washington in the District of Columbia, that the defendant on July 22, 1915, by a letter addressed to the plaintiffs’ testate, stated to them as follows: “I am in possession of facts and information which lead me to believe that I can collect for you and your account…
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Bill in equity, filed in the Superior Court on April 22, 1916. The allegations in the bill were in substance that the plaintiffs were the executors of and trustees under the will of Eliphalet F. Andrews, late of Washington in the District of Columbia, that the defendant on July 22, 1915, by a letter addressed to the plaintiffs’ testate, stated to them as follows: “I am in possession of facts and information which lead me to believe that I can collect for you and your account a very large sum of money from a perfectly solvent party. “No attempt on your part has ever been made to collect the…
1Opinion of the CourtCrosby, J.
This is a bill in equity in which the plaintiffs seek discovery only from the defendant. There is no doubt of the jurisdiction of the court to entertain bills for discovery, although the usefulness of such bills has, to a great extent, been taken away by statutes authorizing interrogatories to the adverse party and compelling such party to testify at the trial. In Wilson v. Webber, 2 Gray, 558, at page 561, it was said by Bigelow, J.: “The main purpose of these provisions of the practice act was to sub*502stitute, in place of the tedious, expensive and complex process of a bill of discovery on…
2Cases cited4 opinions
- Post & Co. v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1887
- Brown v. CoreyMassachusetts Supreme Judicial Court · 1906
- Mitchell v. MattinglyCourt of Appeals of Kentucky · 1858
- Kelly v. MorrisonMassachusetts Supreme Judicial Court · 1900
3Cited by10 opinions
- Kaplan v. SuherMassachusetts Supreme Judicial Court · 1926
- Wolfe v. Massachusetts Port AuthorityMassachusetts Supreme Judicial Court · 1974
- Cavanaugh v. McDonnell & Co. Inc.Massachusetts Supreme Judicial Court · 1970
- MacPherson v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1957
- National Clay Products Co. v. District CourtSupreme Court of Iowa · 1932
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