Legal Opinion

Furber v. Dane

Massachusetts Supreme Judicial Court

Decided January 10, 1910PublishedCited by 24 opinions

Bill in equity, filed in the Superior Court on January 16, 1908, by a creditor, who also was an employee, of an insolvent firm of stockbrokers against the assignee of the firm for the benefit of creditors and a bank in which the firm had deposited a check received by them as the price of certain shares of stock entrusted to them by the plaintiff for sale, to follow the proceeds of such sale.

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Bill in equity, filed in the Superior Court on January 16, 1908, by a creditor, who also was an employee, of an insolvent firm of stockbrokers against the assignee of the firm for the benefit of creditors and a bank in which the firm had deposited a check received by them as the price of certain shares of stock entrusted to them by the plaintiff for sale, to follow the proceeds of such sale. The case was heard with four other cases by Richardson, J., who by consent of all the parties reserved and reported the cases for determination by this court upon the judge’s report of the evidence and an…

1Opinion of the CourtSheldon, J.

In our opinion it must now be taken that the plaintiff, by his failure to present promptly for payment the check which he received from Dane, Smith and Company, has not waived any equitable rights which he had to charge the balance of their bank account with the payment of his demand. As was intimated in the former decision of this ease (203 Mass. 108, 112,113), the issue is not whether he has discharged any of the parties to that check. Ho question was or is made but that he still can hold the insolvent firm as his debtors. But it was considered, upon the facts then appearing, that by his…

2Cases cited16 opinions

  1. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  2. St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
  3. Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
  4. Furber v. DaneMassachusetts Supreme Judicial Court · 1909
  5. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
  2. Plumer v. LuceMassachusetts Supreme Judicial Court · 1942
  3. Cochrane v. Florida East Coast Railway Co.Supreme Court of Florida · 1932
  4. National Development Co. v. GrayMassachusetts Supreme Judicial Court · 1944
  5. Widman v. KelloggNorth Dakota Supreme Court · 1911

19 more not listed; retrieve them via the Exa API.

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