Legal Opinion

Hewitt v. Hayes

Massachusetts Supreme Judicial Court

Decided March 1, 1910PublishedCited by 59 opinions

Bill iu equity, filed in the Supreme Judicial Court on September 28, 1908, and amended on October 1, 1908, and October 5, 1909, by the trustee in bankruptcy of the estate of Edward A. Bangs against the executors of the will of S. Gannett Wells, late of Boston, and by the later amendment against the defendants Hayes and Wing individually, to compel the defendants to pay and turn over to the plaintiff certain deposits in Boston banks amounting to about $27,000 standing in the…

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Bill iu equity, filed in the Supreme Judicial Court on September 28, 1908, and amended on October 1, 1908, and October 5, 1909, by the trustee in bankruptcy of the estate of Edward A. Bangs against the executors of the will of S. Gannett Wells, late of Boston, and by the later amendment against the defendants Hayes and Wing individually, to compel the defendants to pay and turn over to the plaintiff certain deposits in Boston banks amounting to about $27,000 standing in the names of the defendants as executors and a deposit of about $11,000 in the National Shawmut Bank standing in the names…

1Opinion of the CourtSheldon, J.

It has been decided that the plaintiff is entitled to require the original defendants, the executors of the will of *359Samuel G. Wells, who was a partner in the late firm of Bangs and Wells, to turn over to the plaintiff all the property and assets of that firm which have come into the hands of the defendants. Hewitt v. Hayes, 204 Mass. 586. This bill is brought to compel them to turn over and deliver to the plaintiff certain specific funds in the possession of the defendants. The main question raised as to each of these funds is whether they should be regarded as assets of the late firm that…

2Cases cited33 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Peters v. BainSupreme Court of the United States · 1890
  3. Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
  4. Van Alen v. . American National BankNew York Court of Appeals · 1873
  5. Conrow v. . LittleNew York Court of Appeals · 1889

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3Cited by59 opinions

  1. Cunningham v. BrownSupreme Court of the United States · 1924
  2. Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
  3. Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
  4. Coggins v. New England Patriots Football Club, Inc.Massachusetts Supreme Judicial Court · 1986
  5. McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926

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