Legal Opinion

Shannon v. Shepard Manufacturing Co.

Massachusetts Supreme Judicial Court

Decided May 24, 1918PublishedCited by 24 opinions

Appeal, by the trustee in bankruptcy of the estate of the Shepard Manufacturing Company, Incorporated, a corporation, from a decree of the Superior Court .dated July 20, 1916, allowing the account of Arthur F. Whalen, Esquire, as the receiver of the property of that corporation. The appeal was heard by Sisk, J., who filed a finding of facts relating to the decree appealed from, which contained the facts that are stated in the opinion.

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Appeal, by the trustee in bankruptcy of the estate of the Shepard Manufacturing Company, Incorporated, a corporation, from a decree of the Superior Court .dated July 20, 1916, allowing the account of Arthur F. Whalen, Esquire, as the receiver of the property of that corporation. The appeal was heard by Sisk, J., who filed a finding of facts relating to the decree appealed from, which contained the facts that are stated in the opinion. The judge reported the case for determination by this court in the following report: “In the above entitled case, by my direction, a decree entitled ‘Final…

1Opinion of the CourtRugg, C. J.

The plaintiff, a stockholder in the defendant corporation, in behalf of himself and all other stockholders and creditors who might wish to join, filed against it in the Superior Court this suit in equity with appropriate allegations to the effect that under the management of its officers the debts of the corporation were not being paid although its assets were sufficient, and praying for the appointment of a receiver to carry on its business. There were no allegations of insolvency, but the contrary. On May 4, 1915, Arthur F. Whalen was appointed receiver to conserve the assets and to conduct…

2Cases cited42 opinions

  1. The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
  2. Mueller v. NugentSupreme Court of the United States · 1902
  3. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  4. Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
  5. In Re Watts and SachsSupreme Court of the United States · 1903

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3Cited by24 opinions

  1. Johnson's CaseMassachusetts Supreme Judicial Court · 1922
  2. Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
  3. Vincent v. PleckerMassachusetts Supreme Judicial Court · 1946
  4. Shaw v. HardingMassachusetts Supreme Judicial Court · 1940
  5. Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1945

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