Hosher-Platt Co. v. Miller
Massachusetts Supreme Judicial Court
Contract, originally begun as a suit in equity filed in the Superior Court on July 5, 1904, to reach and apply under R. L. c. 159, § 3, cl. 7, in satisfaction of a debt alleged to be owed to the plaintiff from the defendant, equitable assets of the defendant Miller in the possession of other defendants, and on May 25, 1908, after the decision of this court reported in 190 Mass. 285, that the suit could not be maintained in equity because of the lack of evidence of any such…
Read the full summary
Contract, originally begun as a suit in equity filed in the Superior Court on July 5, 1904, to reach and apply under R. L. c. 159, § 3, cl. 7, in satisfaction of a debt alleged to be owed to the plaintiff from the defendant, equitable assets of the defendant Miller in the possession of other defendants, and on May 25, 1908, after the decision of this court reported in 190 Mass. 285, that the suit could not be maintained in equity because of the lack of evidence of any such equitable assets, amended into an action at law with a declaration in two counts, the first count being upon an account…
1Opinion of the CourtBraley, J.
The plaintiff originally sued in equity but after the decision in Hosher-Platt Co. v. Miller, 190 Mass. 285, that the bill could not be maintained an amendment was allowed under R. L. c. 173, § 52, as amended by St. 1911, c. 275, changing the suit into an action at law, and the case was referred to an auditor who had acted as special master in the former proceedings. The auditor, subject to the objection of the defendant Miller to whom we shall refer as the defendant, admitted the master’s report, and no further evidence being offered he found the facts substantially as set forth by the…
2Cases cited17 opinions
- Danforth v. ChandlerMassachusetts Supreme Judicial Court · 1921
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Berthold v. GoldsmithSupreme Court of the United States · 1861
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Beaucage v. MercerMassachusetts Supreme Judicial Court · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Boice-Perrine Co. v. KelleyMassachusetts Supreme Judicial Court · 1923
- Denny v. Riverbank Court Hotel Co.Massachusetts Supreme Judicial Court · 1933
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- American Railway Express Co. v. Mohawk Dairy Co.Massachusetts Supreme Judicial Court · 1924
- Farm Bureau Mutual Insurance v. CoffinIndiana Court of Appeals · 1962
17 more not listed; retrieve them via the Exa API.