Hubbard v. President, Directors of Hamilton Bank
Massachusetts Supreme Judicial Court
This was a petition by the receivers of the Phoenix Bank, appointed under the provisions of St. 1838, c. 14, praying that the Hamilton Bank might be enjoined and restrained from further prosecuting a certain suit at law against said Phoenix Bank; and that the attachment made in that suit might be dissolved and declared void, &c.
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This was a petition by the receivers of the Phoenix Bank, appointed under the provisions of St. 1838, c. 14, praying that the Hamilton Bank might be enjoined and restrained from further prosecuting a certain suit at law against said Phoenix Bank; and that the attachment made in that suit might be dissolved and declared void, &c. The Phoenix Bank stopped payment on the 3d of October 1842; and afterwards, on the same day, the respondents com menced an action against said bank, and caused an attachment to be made of its real and personal estate. This action was entered in the court of common…
1Opinion of the CourtDewey, J.
The receivers of the Phoenix Bank have filed their petition praying this court to enjoin the President, Directors and Company of the Hamilton Bank from further prosecuting a suit at law in which they are plaintiffs, and the said Phoenix Bank defendants; and particularly, that a certain attachment of the estate of the said Phoenix Bank, made by virtue of such process, may be dissolved. The power of the court to entertain such petition in a proper case is not questioned, and seems to be well authorized by the Rev. Sts. c. 44, § 9. The inquiry then arises, whether the facts stated in the present…
2Cases cited4 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Eager v. PriceNew York Court of Chancery · 1831
3Cited by1 opinion
- Arnold v. WeimerNebraska Supreme Court · 1894