Cunningham v. Butler
Massachusetts Supreme Judicial Court
Bill in equity, filed June 19, 1885, by the assignees in insolvency of the estate of Daniel C. Bird, to restrain the prosecution of two actions at law against him. The case was heard by Gardner, J., and reserved for the consideration of the full court; such decree to be entered as justice might require. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The case, as disclosed by the facts agreed and by the additional evidence submitted, is in substance as follows. Daniel C. Bird, a citizen and resident of Massachusetts, was in embarrassed circumstances, and indebted to the defendants, also citizens’ and residents of Massachusetts. After the suspension of payment by Bird, the defendants were informed by him, on the night of March 4 and 5, 1885, that a balance was due him from Aaron Claflin and Company of New York. On March 6, the defendants executed an assignment to one Fayerweather, a resident of New York, of their claims against Bird, which…
2Cases cited4 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Lawrence v. BatchellerMassachusetts Supreme Judicial Court · 1881
3Cited by25 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
- Adams v. MessingerMassachusetts Supreme Judicial Court · 1888
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
- Hawkins v. IrelandSupreme Court of Minnesota · 1896
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