John L. Whiting & Sons Co. v. Barton
Massachusetts Supreme Judicial Court
Replevin by the John L. Whiting and Sons Company, a corporation, for twenty paint brushes of more than $20 in value against the common law assignee for the benefit of the creditors of the White-Gates Paint and Varnish Company, an insolvent corporation. Writ in the Municipal Court of the City of Boston dated February 7, 1908. On appeal to the Superior Court the case was heard by Fessenden, J., without a jury.
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Replevin by the John L. Whiting and Sons Company, a corporation, for twenty paint brushes of more than $20 in value against the common law assignee for the benefit of the creditors of the White-Gates Paint and Varnish Company, an insolvent corporation. Writ in the Municipal Court of the City of Boston dated February 7, 1908. On appeal to the Superior Court the case was heard by Fessenden, J., without a jury. At the close of the evidence, the substance of which is stated in the opinion, the defendant asked the judge to rule that upon all the evidence the action could not be maintained. The…
1Opinion of the CourtKnowlton, C. J.
This is an action of replevin to recover certain merchandise from the assignee holding under a conveyance of the White-Gates Paint and Varnish Company for the benefit of its creditors. This corporation is now in bankruptcy, and the action is defended by the trustee. The plaintiff is a manufacturing corporation, established under the laws of Massachusetts and doing business in Boston. The White-Gates Company was organized under the laws of this State, and its agreement of association and the proceedings under it were filed with the commissioner of corporations on September 10, 1907, and its…
2Cases cited4 opinions
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- Penn Match Co. v. HapgoodMassachusetts Supreme Judicial Court · 1886
- Holyoke Envelope Co. v. United States Envelope Co.Massachusetts Supreme Judicial Court · 1902
- Pennell v. LothropMassachusetts Supreme Judicial Court · 1906
3Cited by8 opinions
- Mansfield v. LangMassachusetts Supreme Judicial Court · 1936
- North Anson Lumber Co. v. SmithMassachusetts Supreme Judicial Court · 1911
- Lennox v. HaskellMassachusetts Supreme Judicial Court · 1925
- Drury v. AbdallahMassachusetts Appeals Court · 1980
- In Re Jeandros Dye & Print Works, Inc.District Court, D. Massachusetts · 1938
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