Perry v. Pye
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 4, 1912, removed to the Supreme Judicial Court on March 21, 1912, and amended in that court on April 12, April 26 and October 1, 1912, by the holder of a promissory note for $9,759.92 dated April 7, 1910, made by the defendant Pye payable to the order of James A. Farquhar and indorsed by Farquhar in blank, seeking to have the amount due on the note set off against any judgment which the defendant Pye, who was not an…
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Bill in equity, filed in the Superior Court on March 4, 1912, removed to the Supreme Judicial Court on March 21, 1912, and amended in that court on April 12, April 26 and October 1, 1912, by the holder of a promissory note for $9,759.92 dated April 7, 1910, made by the defendant Pye payable to the order of James A. Farquhar and indorsed by Farquhar in blank, seeking to have the amount due on the note set off against any judgment which the defendant Pye, who was not an inhabitant of this Commonwealth, might recover in a pending action at law brought by him against the plaintiff, and seeking…
1Opinion of the CourtBraley, J.
The original bill and the bill as amended are framed with a double aspect. If the plaintiff’s debt is established he asks in the second paragraph that an equitable set-off be made of any judgment which the defendant Pye may recover against him in a pending action at law; while in the third, fourth and fifth paragraphs he seeks to reach and apply in payment the amount of a judgment recovered by this defendant against the steamship company. The defendant Daggett did not become a party until the master to whom the case was referred had prepared his draft report, and the plaintiff thereupon had…
2Cases cited26 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
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3Cited by35 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
- Associated Perfumers, Inc. v. AndelmanMassachusetts Supreme Judicial Court · 1944
- Lawrence Trust Co. v. Sun-American Publishing Co.Massachusetts Supreme Judicial Court · 1923
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