Merrill v. Commonwealth Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Petition in equity, filed December 15,1897, by the receiver of the Commonwealth Mutual Fire Insurance, Company, for instructions as to the allowance and payment of certain claims.
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Petition in equity, filed December 15,1897, by the receiver of the Commonwealth Mutual Fire Insurance, Company, for instructions as to the allowance and payment of certain claims. The petition alleged that on March 19,1895, an injunction was issued enjoining the company from proceeding with its business till further order of the court; that on March 26 the. injunction was modified so that the corporation and its officers might collect all moneys, cancel its policies without payment of return premiums, and make upon its members and collect from them an assessment as provided by law ; that on…
1Opinion of the CourtAllen, J.
The question presented by the' claimants can hardly be considered as open in this Commonwealth. The bill was filed March 19, 1895, and on the same day an injunction was issued, which was made perpetual, May 28, 1895, and a receiver was then appointed. The bill was filed by the insurance commissioner, acting under St. 1894, c. 522, § 7. It has been held heretofore, in Stevens v. Shenango Glass Co. 166 Mass. 238, that a creditor should be enjoined from enforcing an attachment made against this company after the filing of the bill, the reasons assigned being that “ the rights of all parties to…
2Cases cited5 opinions
- Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
- Fogg v. Supreme Lodge of the United Order of the Golden LionMassachusetts Supreme Judicial Court · 1893
- Merrill v. Commonwealth Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
- Garham v. Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1894
- Williams v. United Reserve Fund AssociatesMassachusetts Supreme Judicial Court · 1896
3Cited by7 opinions
- International Paper Co. v. Priscilla Co.Massachusetts Supreme Judicial Court · 1932
- Commercial National Bank in Shreveport v. Superior CourtCalifornia Court of Appeal · 1993
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1943
- Davis v. MazzuchelliMassachusetts Supreme Judicial Court · 1921
- Hill v. BakerMassachusetts Supreme Judicial Court · 1910
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