Jennings v. Whitney
Massachusetts Supreme Judicial Court
Bill in equity, annexed to a writ of attachment in the Superior Court dated November 18, 1913, and afterwards amended, against Wilbur F. Whitney, the Sub-Target Gun Company, a Massachusetts corporation, the Sub-Target Gun Company, a Maine corporation, and Louis L. G. de Rochemont, the trustee in bankruptcy of the Maine corporation, alleging that the plaintiff was the payee of certain notes given by the Maine corporation to him and the assignee of the proceeds of a contract…
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Bill in equity, annexed to a writ of attachment in the Superior Court dated November 18, 1913, and afterwards amended, against Wilbur F. Whitney, the Sub-Target Gun Company, a Massachusetts corporation, the Sub-Target Gun Company, a Maine corporation, and Louis L. G. de Rochemont, the trustee in bankruptcy of the Maine corporation, alleging that the plaintiff was the payee of certain notes given by the Maine corporation to him and the assignee of the proceeds of a contract between the Maine corporation .and the United States government, that that corporation had been adjudicated a bankrupt…
1Opinion of the CourtBbaley, J.
It is settled by Elmore v. Symonds, 183 Mass. 321, that where the debtor merely gives his personal promise to pay his creditor from a particular fund, the fund is not chargeable with an equitable lien. See in this connection Westall v. Wood, 212 Mass. 540; Old Colony Trust Co. v. Medfield & Medway Street Railway, 215 Mass. 156, 160, 161; Coram v. Davis, 216 Mass. 448, 454. But in the case at bar the bankrupt corporation assigned to the plaintiff all moneys accruing under its contract with the United States to secure the payment of its promissory notes, and by the terms of the assignments an…
2Cases cited18 opinions
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Barnes v. AlexanderSupreme Court of the United States · 1914
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Ball v. HalsellSupreme Court of the United States · 1896
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3Cited by10 opinions
- Russo v. Charles I. Hosmer, Inc.Massachusetts Supreme Judicial Court · 1942
- Moeur v. Farm Builders Corp.Arizona Supreme Court · 1929
- Ehrlich v. Johnson Service Co.Massachusetts Supreme Judicial Court · 1930
- First National Bank v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1928
- McLaughlin v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1963
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