Rice v. Hale
Massachusetts Supreme Judicial Court
The plaintiffs, on the 25th of October, 1849, filed a bill in equity in this court, alleging that they, together with the defendant, had entered into a copartnership, under the name of Hale, Rice and Amory, to continue for three years from the 15th of January, 1847, unless sooner dissolved; that the plaintiffs were each to furnish the sum of $12,500, as a capital, which they had accordingly done ; that the profits, losses, and expenses of the firm were to be shared and…
Read the full summary
The plaintiffs, on the 25th of October, 1849, filed a bill in equity in this court, alleging that they, together with the defendant, had entered into a copartnership, under the name of Hale, Rice and Amory, to continue for three years from the 15th of January, 1847, unless sooner dissolved; that the plaintiffs were each to furnish the sum of $12,500, as a capital, which they had accordingly done ; that the profits, losses, and expenses of the firm were to be shared and sustained equally by each of the members; that the firm had commenced and carried on business, until the 30th of June, 1849,…
1Opinion of the Court
The opinion of the judges was stated by
Shaw, C. J.
This, it is believed, is the first case, in which an application has been made to this court, under its general chancery jurisdiction, to issue a writ of ne exeat. In the case of the Commonwealth v. Sumner, 5 Pick. 360, the subject of bail in equity was somewhat discussed; but nothing further was decided, than that upon a bill in equity inserted in the common writ of attachment, then in use, directing in the alternative an attachment of property, or an arrest of the person, the defendant could not be arrested and held to bail in the particular…
2Cases cited6 opinions
- Mitchell v. BunchNew York Court of Chancery · 1831
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Porter v. SpencerNew York Court of Chancery · 1816
- Gernon v. BoecalineU.S. Circuit Court for the District of Pennsylvania · 1807
- Mattocks v. TremainNew York Court of Chancery · 1817
1 more not listed; retrieve them via the Exa API.