Andrews v. Moen
Massachusetts Supreme Judicial Court
Bill in equity, filed in the. Superior Court by Lilian H. Andrews, receiver of the Cary and Moen Company, a corporation established under the laws of the State of New York, and having its place of business therein, to compel the defendant, administrator of the estate of Philip L. Moen, to pay over a balance of money and interest.
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Bill in equity, filed in the. Superior Court by Lilian H. Andrews, receiver of the Cary and Moen Company, a corporation established under the laws of the State of New York, and having its place of business therein, to compel the defendant, administrator of the estate of Philip L. Moen, to pay over a balance of money and interest. The bill alleged that the corporation was organized in the year 1888 for the purpose of succeeding a partnership consisting of one A. Cary and one E. A. Moen, and bearing the name of Cary and Moen, and in fact received assignments and conveyances of the property of…
1Opinion of the CourtHolmes, J.
This bill is brought to compel the payment of part of a subscription for stock in the company of which the *297plaintiff is receiver. It does not appear sufficiently that the receiver has a locus standi outside of New York; but if it be assumed that he has, the claim is a simple claim for a debt, and is made nothing more by the allegations that there has been a fraudulent but vain pretence of paying it, of a kind which does not need the aid of equity to set it aside. That is all that the other allegations of the bill amount to. It is averred that the defendant’s intestate attempted to defraud…
2Cited by2 opinions
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