Legal Opinion

Digney v. Blanchard

Massachusetts Supreme Judicial Court

Decided January 9, 1918PublishedCited by 13 opinions

Bill in equity, filed in the Superior Court on May 11, 1917, and afterwards amended, by the trustees of the Associated Trust and the receiver of the Associated Trust appointed under a decree of the District Court of the United States for the District of Massachusetts against Fred F. Blanchard and the Fidelity Trust Company, seeking to reach and apply, in satisfaction of a debt alleged to be owed to the plaintiffs by the defendant Blanchard, a claim of Blanchard against the…

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Bill in equity, filed in the Superior Court on May 11, 1917, and afterwards amended, by the trustees of the Associated Trust and the receiver of the Associated Trust appointed under a decree of the District Court of the United States for the District of Massachusetts against Fred F. Blanchard and the Fidelity Trust Company, seeking to reach and apply, in satisfaction of a debt alleged to be owed to the plaintiffs by the defendant Blanchard, a claim of Blanchard against the Fidelity Trust Company described in the opinion. The material allegations of the bill as amended are described in the…

1Opinion of the CourtCrosby, J.

This is a bill in equity brought under R. L. c. 159, § 3, cl. 7, to reach and apply in payment of a debt due the plaintiffs from the defendant Blanchard, a right of action of Blanchard against the Fidelity Trust Company, the other defendant named in the bill. The defendant Blanchard demurred to the bill and assigned as causes of demurrer: because the plaintiffs have a plain and adequate remedy at law; because the bill as amended does, not state a case which entitles the plaintiffs to relief in equity against him; because the court has no jurisdiction in equity; and because the claim set forth…

2Cases cited7 opinions

  1. Clarke v. FayMassachusetts Supreme Judicial Court · 1910
  2. Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
  3. Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
  4. H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
  5. Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903

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

3Cited by13 opinions

  1. Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
  2. Johnson v. DahlquistWashington Supreme Court · 1924
  3. Cahaly v. Benistar Property Exchange Trust Co.Massachusetts Appeals Court · 2007
  4. Mengel v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1943
  5. Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930

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

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