Libby v. Norris
Massachusetts Supreme Judicial Court
Bill in equity, brought by the plaintiff, in behalf of himself and of all other creditors of Vital Roberts who might become parties thereto, against John Norris, Henry Norris, and Vital Roberts, alleging that, on April 28, 1882, Roberts was doing business in Lowell, and was possessed of certain personal property; that Roberts was indebted to twenty-five persons and firms named, including the plaintiff and the defendants Norris, in amounts specified; that, on said day,…
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Bill in equity, brought by the plaintiff, in behalf of himself and of all other creditors of Vital Roberts who might become parties thereto, against John Norris, Henry Norris, and Vital Roberts, alleging that, on April 28, 1882, Roberts was doing business in Lowell, and was possessed of certain personal property; that Roberts was indebted to twenty-five persons and firms named, including the plaintiff and the defendants Norris, in amounts specified; that, on said day, Roberts was unable to pay his debts and was insolvent; that the defendants Norris, copartners under the firm name of Norris…
1Opinion of the Court
Morton, 0. J.
It is at least doubtful whether exceptions taken in the course of the trial in a suit in equity in the Superior Court can properly be entered in this court until there has been a final decree in the case. But, waiving this, it is clear that these exceptions cannot be sustained.
The bill is brought by the plaintiff, on behalf of himself and numerous other creditors of Vital Roberts, to enforce a trust. The interest of all the creditors in the question to be tried is •the same. It is well settled that such a bill may properly be brought, or at least that it is within the discretion…
2Cases cited3 opinions
- Sears v. HardyMassachusetts Supreme Judicial Court · 1876
- Smith v. WilliamsMassachusetts Supreme Judicial Court · 1875
- Birmingham v. GallagherMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Check v. KaplanMassachusetts Supreme Judicial Court · 1932
- Milbank v. J. C. Littlefield, Inc.Massachusetts Supreme Judicial Court · 1941
- Liverpool & London & Globe Ins. v. ClunieU.S. Circuit Court for the District of Northern California · 1898
- Hills v. PutnamMassachusetts Supreme Judicial Court · 1890
- Crowell v. Cape Cod Ship Canal Co.Massachusetts Supreme Judicial Court · 1895
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