Columbian Book Co. v. De Golyer
Massachusetts Supreme Judicial Court
Contract, for goods sold and delivered, commenced by trustee process. In the Superior Court the following facts were agreed: “ The writ was dated October 5, 1872, and returnable at January Term, 1873. The defendants were described in the writ as ' J. A. Golyer and E. S. Golyer, copartners, doing business under the name of the Union Publishing Company, in Chicago, State of Illinois.’ The trustees were described in the writ as ‘ The Hide and Leather Insurance Company, a…
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Contract, for goods sold and delivered, commenced by trustee process. In the Superior Court the following facts were agreed: “ The writ was dated October 5, 1872, and returnable at January Term, 1873. The defendants were described in the writ as ' J. A. Golyer and E. S. Golyer, copartners, doing business under the name of the Union Publishing Company, in Chicago, State of Illinois.’ The trustees were described in the writ as ‘ The Hide and Leather Insurance Company, a corporation duly established and having a usual place of business in said Boston, of which Chester I. Reed, John W.…
1Opinion of the CourtGray, C. J.
We need not consider whether, by the description in this writ, the corporation, or the receivers of its property, or both, are alleged to be trustees of the principal defendants; because we are of opinion that, assuming both to be duly summoned, neither can be charged; not the corporation, because by the decree of this court, made before the suing out of this writ, all its property had been put into the hands of receivers, and the corporation put under injunction against continuing business, and it had therefore no lawful authority to pay its debts; not the receivers, because the property…
2Cases cited1 opinion
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
3Cited by18 opinions
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Commonwealth v. Lancaster Savings BankMassachusetts Supreme Judicial Court · 1878
- Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
- Tuck v. ManningMassachusetts Supreme Judicial Court · 1889
- Porter v. KingmanMassachusetts Supreme Judicial Court · 1879
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