Legal Opinion

Ewing v. King

Massachusetts Supreme Judicial Court

Decided September 8, 1897PublishedCited by 16 opinions

Bill in equity, filed in this court October 14, 1895. The bill alleged that the plaintiff, a resident of Chattanooga, Tennessee, was in the year 1891 appointed by the United States Circuit Court for the Eastern District of Tennessee, receiver of the Cardiff Coal and Iron Company, a corporation duly organized under the laws of Tennessee; that he was duly qualified as such receiver, and had ever since held that office; that among the assets which came into the hands and…

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Bill in equity, filed in this court October 14, 1895. The bill alleged that the plaintiff, a resident of Chattanooga, Tennessee, was in the year 1891 appointed by the United States Circuit Court for the Eastern District of Tennessee, receiver of the Cardiff Coal and Iron Company, a corporation duly organized under the laws of Tennessee; that he was duly qualified as such receiver, and had ever since held that office; that among the assets which came into the hands and ownership of the plaintiff as such receiver was a book account for $1,000, and two notes, each for $4,275, dated April 24,…

1Opinion of the CourtKnowlton, J.

This bill is brought by the receiver of a Tennessee corporation. It fails to show whether the nature of the receivership is such as to give him a title to the notes- and account on which his claim is founded, and to enable him to sue upon them in his own name. See Amy v. Manning, 149 Mass. 487; Wilson v. Welch, 157 Mass. 77; Buswell v. Order of the Iron Hall, 161 Mass. 224; Fort Payne Coal & Iron Co. v. Webster, 163 Mass. 134; Booth v. Clark, 17 How. 322; Yeager v. Wallace, 44 Penn. St. 294. From the statement that the notes and account were “ among the assets which came into the hands and…

2Cases cited14 opinions

  1. Booth v. ClarkSupreme Court of the United States · 1855
  2. Buswell v. Supreme Sitting of the Order of the Iron HallMassachusetts Supreme Judicial Court · 1894
  3. Reid v. HolmesMassachusetts Supreme Judicial Court · 1879
  4. Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
  5. Sykes v. MeachamMassachusetts Supreme Judicial Court · 1869

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3Cited by16 opinions

  1. Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
  2. Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
  3. Hastoupis v. GargasMassachusetts Appeals Court · 1980
  4. Leach v. LeachMassachusetts Supreme Judicial Court · 1921
  5. Haven v. SmithMassachusetts Supreme Judicial Court · 1925

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

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