Thornley v. J. C. Walsh Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Bristol on January 15, 1908, for the appointment of a receiver of the property in this Commonwealth of the defendant, a Rhode Island corporation, who should be ancillary to a receiver appointed in similar proceedings against the same corporation in the Superior Court of Providence County, Rhode Island.
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Bill in equity, filed in the Superior Court for the county of Bristol on January 15, 1908, for the appointment of a receiver of the property in this Commonwealth of the defendant, a Rhode Island corporation, who should be ancillary to a receiver appointed in similar proceedings against the same corporation in the Superior Court of Providence County, Rhode Island. The case previously was before this court on an appeal by a creditor, Jerome C. Borden, from the decree appointing the ancillary receiver, and is reported in 200 Mass. 179. After that decision, the case was heard by DeOourey, J.,…
1Opinion of the CourtSheldon, J.
The only funds in the hands of the ancillary receiver are the proceeds of his collection of the amount due to the Walsh Company for the construction of certain buildings in Fall River. The appellant’s claim is against the Walsh Company for materials supplied to it by him for that construction. He has, however, no lien upon the land or buildings or upon the fund in the hands of the receiver, and stands as an unsecured creditor. He can maintain no such lien under the statute of Rhode Island, because the land is situated wholly in this Commonwealth. He has none under our statutes because he gave…
2Cases cited5 opinions
- Buswell v. Supreme Sitting of the Order of the Iron HallMassachusetts Supreme Judicial Court · 1894
- Garham v. Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1894
- American Loan & Trust Co. v. Northwestern Guaranty Loan Co.Massachusetts Supreme Judicial Court · 1896
- Second National Bank v. J. C. Lappe Tanning Co.Massachusetts Supreme Judicial Court · 1908
- Gerding v. East Tennessee Land Co.Massachusetts Supreme Judicial Court · 1904
3Cited by4 opinions
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- Estate of HanreddyWisconsin Supreme Court · 1922
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