Tucker v. McDonald
Massachusetts Supreme Judicial Court
Bill in equity under the Gen. Sts. c. 113, § 2, cl. 11, against John McDonald, John Turner and Robert Wolfenden. The case, as it appeared from the bill and McDonald’s answer, on which it was reserved by Colt, J., for the determination of the full court, was as follows : The plaintiff was the holder of a promissory note for $1000, made by McDonald and Turner and secured by a mortgage on real estate.
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Bill in equity under the Gen. Sts. c. 113, § 2, cl. 11, against John McDonald, John Turner and Robert Wolfenden. The case, as it appeared from the bill and McDonald’s answer, on which it was reserved by Colt, J., for the determination of the full court, was as follows : The plaintiff was the holder of a promissory note for $1000, made by McDonald and Turner and secured by a mortgage on real estate. McDonald and Turner had no property which could be come at to be attached or taken on execution in a suit at law against them, but Turner had given to McDonald a mortgage on personal property to…
1Opinion of the CourtAmes, J.
We must consider this case as substantially disposed of by the decision in Barry v. Abbott, 100 Mass. 396. It was there held that the provisions of St. 1851, e. 206, for reaching and applying to the satisfaction of a debt the equitable assets of a debtor, might be resorted to by a creditor who had not exhausted his remedies at common law, or even reduced his claim to a judgment; and that a creditor might institute a suit under the statute for himself alone. It was also held that this express statute remedy was not taken away or limited by the subsequent legislative grant to the court of…
2Cases cited1 opinion
- Barry v. AbbotMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Lee v. ButlerMassachusetts Supreme Judicial Court · 1897
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