Jones v. Arena Publishing Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed November 16, 1896, praying that the defendant be enjoined from the transaction of business, and that a receiver be appointed to take possession of the property, collect debts, and distribute the funds ratably among the creditors who should prove their claims. Trial in the Superior Court, before Sheldon, J., who, at the request of the parties, reported the case for the determination of this court, in substance as follows.
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Bill in equity, filed November 16, 1896, praying that the defendant be enjoined from the transaction of business, and that a receiver be appointed to take possession of the property, collect debts, and distribute the funds ratably among the creditors who should prove their claims. Trial in the Superior Court, before Sheldon, J., who, at the request of the parties, reported the case for the determination of this court, in substance as follows. The defendant published the monthly magazine called The Arena, 30,000 copies of which were printed each month, and also printed books, having accounts…
1Opinion of the CourtBarker, J.
The first question is whether the rights of the parties should be adjusted as of the date of the filing of the bill, or as of the date of the appointment of the receiver. In similar bills, where the jurisdiction is given by statute, the usual course here has been to adopt the date of the filing of the bill, or of the issuing of the injunction. Atlas Bank v. Nahant Bank, 23 *27Pick. 480. Colt v. Brown, 12 Gray, 283. Burdon v. Massachusetts Safety Bund Association, 147 Mass. 360. Merrill v. Commonwealth Ins. Co. 166 Mass. 238. Williams v. United Reserve Bund Associates, 166 Mass. 450. The date of…
2Cases cited21 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Raht v. . AttrillNew York Court of Appeals · 1887
- Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
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3Cited by21 opinions
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Commonwealth v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- Commissioner of Insurance v. Massachusetts Insurers Insolvency FundMassachusetts Supreme Judicial Court · 1977
- In re BennettCourt of Appeals for the Sixth Circuit · 1907
- Davis v. PullenCourt of Appeals for the First Circuit · 1922
16 more not listed; retrieve them via the Exa API.