Shaw v. United Shoe Machinery Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 23, 1914, by the assignee for the benefit of the creditors of the Burnham Shoe Company, Inc., against two assenting creditors, alleging in substance that the claims proved by the defendants included claims under certain shoe machinery leases or license agreements which the plaintiff had disallowed; that the defendants had refused to accept dividends based on a calculation of their claims which did not include the amounts…
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Bill in equity, filed in the Superior Court on March 23, 1914, by the assignee for the benefit of the creditors of the Burnham Shoe Company, Inc., against two assenting creditors, alleging in substance that the claims proved by the defendants included claims under certain shoe machinery leases or license agreements which the plaintiff had disallowed; that the defendants had refused to accept dividends based on a calculation of their claims which did not include the amounts disallowed by the plaintiff; that the plaintiff "long since” had “been under obligation to make distribution to the other…
1Opinion of the CourtCrosby, J.
This is a bill for instructions brought by the plaintiff as assignee for the benefit of the creditors of the Burnham Shoe Company. The question is whether certain claims presented by the defendants are legally provable against the estate.
No question has been raised as to the right of the plaintiff to maintain the bill, and that question is not considered or determined.
We now come to the real question at issue between the parties.
The report of the judge of the Superior Court shows that at the time the Burnham Shoe Company made the assignment to the plaintiff it was in possession of certain…
2Cases cited6 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Bowditch v. RaymondMassachusetts Supreme Judicial Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Plumer v. Houghton & Dutton Co.Massachusetts Supreme Judicial Court · 1931
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1942
- Gardiner v. ParsonsMassachusetts Supreme Judicial Court · 1916
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1941
- Sangamon Loan & Trust Co. v. United Shoe Machinery Co.Court of Appeals for the Seventh Circuit · 1915