Francis v. Hazlett
Massachusetts Supreme Judicial Court
Bill in equity, filed on November 14,1903, against Alfred Hazlett, the receiver of the American Bank of Beatrice, an insolvent corporation organized under the laws of the State of Nebraska, to restrain him from prosecuting certain actions at law now- pending in the Superior Court against the plaintiffs to enforce their liability as stockholders under a judgment or decree of the District Court of Gage County in the State of Nebraska. The defendant demurred to the bill.
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Bill in equity, filed on November 14,1903, against Alfred Hazlett, the receiver of the American Bank of Beatrice, an insolvent corporation organized under the laws of the State of Nebraska, to restrain him from prosecuting certain actions at law now- pending in the Superior Court against the plaintiffs to enforce their liability as stockholders under a judgment or decree of the District Court of Gage County in the State of Nebraska. The defendant demurred to the bill. There was a hearing before Morton, J., who made a decree overruling the demurrer upon a single ground. The defendant appealed.…
1Opinion of the CourtSheldon, J.
The principal question raised is whether the plaintiffs are bound by the proceedings had in the District Court of Gage County, Nebraska, on March 5, 1895, in which the defendant was appointed receiver of the American Bank of Beatrice in that county, and by the interlocutory decree entered in June, 1898, by which the court, having found that the assets of the bank had all been disposed of, and the proceeds paid out and applied by the receiver in pursuance of the order of court, that there had been adjudicated and put in judgment claims against the bank to the amount of $32,795.08 and accruing…
2Cases cited17 opinions
- Hancock National Bank v. FarnumSupreme Court of the United States · 1900
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- Farmers Loan & Trust Co. v. FunkNebraska Supreme Court · 1896
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898
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3Cited by9 opinions
- Stuart v. SargentMassachusetts Supreme Judicial Court · 1933
- Claypool v. Lightning Delivery Co.Arizona Supreme Court · 1931
- Timberlake v. Supreme CommanderyMassachusetts Supreme Judicial Court · 1911
- Miller v. AldrichMassachusetts Supreme Judicial Court · 1909
- Irvine v. ElliottDistrict Court, D. Delaware · 1913
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