Legal Opinion

Norton v. Piscataqua Fire & Marine Insurance

Massachusetts Supreme Judicial Court

Decided March 15, 1873PublishedCited by 20 opinions

Actions of contract. In the first case, Peter Edgerly, the defendant in the second action, was summoned as trustee, and Albert Bowker appeared as claimant. The second case was brought for the benefit of Bowker, and was upon certain premium notes, not negotiable, made by Edgerly and payable to the Piscataqua Fire and Marine Insurance Company.

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Actions of contract. In the first case, Peter Edgerly, the defendant in the second action, was summoned as trustee, and Albert Bowker appeared as claimant. The second case was brought for the benefit of Bowker, and was upon certain premium notes, not negotiable, made by Edgerly and payable to the Piscataqua Fire and Marine Insurance Company. Both cases were tried together in the Superior Court, before Devens, J., without a jury, when the following facts appeared: Bowker, who was a citizen of this Commonwealth, having a claim against the Piscataqua Fire and Marine Insurance Company, who were a…

1Opinion of the CourtAmes, J.

We do not understand either party to claim that the judicial proceedings instituted in the State of Maine, for the purpose of winding up the corporation and distributing its effects among its creditors, can have the effect to prevent creditors, resident in this state, from availing themselves of such remedies as *535our laws give them against such property or funds as may ba found within our own limits. Taylor v. Columbian Ins. Co. 14 Allen, 353. Ingraham v. Geyer, 13 Mass. 146. Willitts v. Waite, 25 N. Y. 577. 2 Kent Com. (6th ed.) 406, 407. The only apparent controversy is as to the validity…

2Cases cited5 opinions

  1. Jones v. WitterMassachusetts Supreme Judicial Court · 1816
  2. Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
  3. Willitts v. . WaiteNew York Court of Appeals · 1862
  4. Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
  5. Dunn v. SnellMassachusetts Supreme Judicial Court · 1819

3Cited by20 opinions

  1. James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
  2. O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
  3. McCann v. RandallMassachusetts Supreme Judicial Court · 1888
  4. Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
  5. Taft v. BowkerMassachusetts Supreme Judicial Court · 1882

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