Thornley v. J. C. Walsh Co.
Massachusetts Supreme Judicial Court
Bill in equity filed in the Superior Court for the county of Bristol on January 15, 1908, alleging that the defendant was a Rhode Island corporation and was insolvent, that, on petition by creditors of the corporation, the plaintiff had been appointed its permanent receiver by the Superior Court of Providence County, Rhode Island, that there were accounts due the defendant from persons in Fall River, “ which accounts . . . have been attached by certain creditors.”
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Bill in equity filed in the Superior Court for the county of Bristol on January 15, 1908, alleging that the defendant was a Rhode Island corporation and was insolvent, that, on petition by creditors of the corporation, the plaintiff had been appointed its permanent receiver by the Superior Court of Providence County, Rhode Island, that there were accounts due the defendant from persons in Fall River, “ which accounts . . . have been attached by certain creditors.” The prayer of the bill was that the plaintiff “ or some other suitable person ” be appointed ancillary receiver of the defendant.…
1Opinion of the CourtLoring, J.
This is an appeal from a final decree appointing a receiver of the property of a Rhode Island corporation in a proceeding ancillary to a similar proceeding and appointment of the same person as permanent receiver by the Superior Court of that State.
The decree should have, directed the receiver here not to transmit the Massachusetts assets to himself as receiver in Rhode Island until provision had been made for attaching creditors in Massachusetts. Second National Bank v. Lappe Tanning Co. 198 Mass. 159. Borden v. Enterprise Transportation Co. 198 Mass. 590. It should be modified accordingly.
Th…
2Cases cited4 opinions
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
- Second National Bank v. J. C. Lappe Tanning Co.Massachusetts Supreme Judicial Court · 1908
- Borden v. Enterprise Transportation Co.Massachusetts Supreme Judicial Court · 1908
3Cited by5 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Lewis v. Club Realty Co.Massachusetts Supreme Judicial Court · 1928
- Brooks v. SmithCourt of Appeals for the First Circuit · 1923
- In re PeopleNew York Supreme Court · 1922
- Mieyr v. Federal Surety Co. of DavenportMontana Supreme Court · 1933