Legal Opinion

Adams v. Young

Massachusetts Supreme Judicial Court

Decided January 7, 1909PublishedCited by 30 opinions

Bill in equity, filed in the Superior Court for the county of Suffolk on October 17, 1905, by the trustee in bankruptcy of E. M. Wheeler and Company, Incorporated, alleging that that corporation before it was adjudged a bankrupt had undertaken to' convey in bulk to the defendants its stock of drugs located in its store on Beacon Street in Brookline, “ the same being the entire stock in trade of ” the corporation, and that the sale and conveyance were void as against the…

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Bill in equity, filed in the Superior Court for the county of Suffolk on October 17, 1905, by the trustee in bankruptcy of E. M. Wheeler and Company, Incorporated, alleging that that corporation before it was adjudged a bankrupt had undertaken to' convey in bulk to the defendants its stock of drugs located in its store on Beacon Street in Brookline, “ the same being the entire stock in trade of ” the corporation, and that the sale and conveyance were void as against the corporation’s creditors and the plaintiff because the requirements of St. 1903, c. 415, were not complied with. The case was…

1Opinion of the CourtSheldon, J.

The plaintiff’s first exception, to the master’s ruling that the plaintiff was entitled to no relief against the defendant, was well taken as an abstract proposition. As stated in Clark v. Seagraves, 186 Mass. 430, 435, a master’s duty is to find the facts, and it is for the court to say upon these facts whether any and what relief should be given. But as all the facts are reported by the master, and the only question now raised is as to the rights of the plaintiff upon these facts, this exception becomes really immaterial and need not be considered.

The sale made by the Wheeler Company to the…

2Cases cited41 opinions

  1. Cole v. . MalcolmNew York Court of Appeals · 1876
  2. Loos v. . WilkinsonNew York Court of Appeals · 1889
  3. Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
  4. Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
  5. Robinson v. . StewartNew York Court of Appeals · 1854

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3Cited by30 opinions

  1. Lowell Gas Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1949
  2. Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
  3. Bradley v. BordenMassachusetts Supreme Judicial Court · 1916
  4. New England Foundation Co. v. ReedMassachusetts Supreme Judicial Court · 1911
  5. Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934

25 more not listed; retrieve them via the Exa API.

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