Legal Opinion

Commonwealth v. Hide & Leather Insurance

Massachusetts Supreme Judicial Court

Decided November 17, 1875PublishedCited by 9 opinions

Petition in equity, filed May 2, 1874, alleging that the plaintiff is a corporation established under the laws of Connecticut, and doing business in that state; that J. A. & E. S. De Golyer, copartners, doing business under the name of the Union Publishing Company in Chicago, in the State of Illinois, are indebted to the plaintiff in the sum of $215, for goods sold and delivered ¿o them by the plaintiff; that the Hide & Leather Insurance Company is insolvent, and that James…

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Petition in equity, filed May 2, 1874, alleging that the plaintiff is a corporation established under the laws of Connecticut, and doing business in that state; that J. A. & E. S. De Golyer, copartners, doing business under the name of the Union Publishing Company in Chicago, in the State of Illinois, are indebted to the plaintiff in the sum of $215, for goods sold and delivered ¿o them by the plaintiff; that the Hide & Leather Insurance Company is insolvent, and that James C. Davis is the receiver thereof, by appointment of this court; that the said Hide & Leather Insurance Company was…

1Opinion of the CourtGray, C. J.

In Columbian Book Company v. De Golyer, 115 Mass. 67, it was decided that the receivers of this insurance company were not chargeable as trustees in an action at law against one of its creditors; and that the question, whether the plaintiff in that action had any claim upon the property in the custody of the receivers, could only be tried on a petition upon the equity side of the court in the cause in which the receivers were appointed.

*157Such a petition has now been presented, and, upon consideration, we are of opinion that the reasons are quite as strong against granting the prayer thereof.…

2Cases cited2 opinions

  1. Columbian Book Co. v. De GolyerMassachusetts Supreme Judicial Court · 1874
  2. Commonwealth v. Shoe & Leather Dealers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873

3Cited by9 opinions

  1. Jones v. Arena Publishing Co.Massachusetts Supreme Judicial Court · 1898
  2. Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
  3. Tuck v. ManningMassachusetts Supreme Judicial Court · 1889
  4. Williams v. SmithWisconsin Supreme Court · 1903
  5. Adamian v. HassanoffMassachusetts Supreme Judicial Court · 1905

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