Legal Opinion

Haskell v. Merrill

Massachusetts Supreme Judicial Court

Decided May 23, 1901PublishedCited by 27 opinions

Bill in equity by the trustee in bankruptcy of Joseph F. Merrill to have certain real estate in the name of the bankrupt’s wife declared to be a part of his estate in bankruptcy, and also to establish title to certain machinery contained in the bankrupt’s factory at No. 22 Norfolk Avenue in Boston, filed June 6, 1900. In the Superior Court the case was referred to Lewis Gr.

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Bill in equity by the trustee in bankruptcy of Joseph F. Merrill to have certain real estate in the name of the bankrupt’s wife declared to be a part of his estate in bankruptcy, and also to establish title to certain machinery contained in the bankrupt’s factory at No. 22 Norfolk Avenue in Boston, filed June 6, 1900. In the Superior Court the case was referred to Lewis Gr. Farmer, Esquire, as master, who reported as follows: “ So far as the real estate is concerned, I find that the evidence shows that the bankrupt has no beneficial interest in it, or such that the trustee in bankruptcy can,…

1Opinion of the CourtHolmes, C. J.

This is a bill by a trustee in bankruptcy to recover property alleged to belong to the bankrupt’s estate. The case was sent to a master, and exceptions were taken by the defendant Hodge to his report. These were overruled, and no appeal was taken. Afterwards the report was accepted and a decree was entered for the plaintiff. From this final decree an appeal was taken. The only question before us is whether the decree was warranted on the pleadings and report.

Both sides have argued the exceptions as if they were open, and therefore we think it proper to say that we see nothing in them. The…

2Cases cited16 opinions

  1. Stewart v. PlattSupreme Court of the United States · 1879
  2. Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
  3. Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
  4. Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
  5. Winsor v. McLellanU.S. Circuit Court for the District of Massachusetts · 1843

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

3Cited by27 opinions

  1. MacLeod v. DavisMassachusetts Supreme Judicial Court · 1935
  2. Commonwealth v. GaleMassachusetts Supreme Judicial Court · 1944
  3. Huntress v. HanleyMassachusetts Supreme Judicial Court · 1907
  4. Hoshor-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1906
  5. Mahon v. TullyMassachusetts Supreme Judicial Court · 1923

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

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