Gilman v. Cary
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 28, 1907, by a stockholder and creditor of the Davis Electric Manufacturing Company, against that corporation, Isaac H. Cary and other individual defendants, praying that the defendant Cary might be enjoined from proceeding further with a pending action against the defendant corporation; that on the payment to him of the sum of $252.23 the defendant Cary should be ordered to release to the defendant corporation his…
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Bill in equity, filed in the Superior Court on February 28, 1907, by a stockholder and creditor of the Davis Electric Manufacturing Company, against that corporation, Isaac H. Cary and other individual defendants, praying that the defendant Cary might be enjoined from proceeding further with a pending action against the defendant corporation; that on the payment to him of the sum of $252.23 the defendant Cary should be ordered to release to the defendant corporation his claim against it and the judgment thereon; and for further relief; also that the defendant Cary might be enjoined from…
1Opinion of the CourtBraley, J.
The company being indebted to the defendant, Cary, upon a promissory note, on February 6, 1906, he brought an action, and attached its property, and shortly after, the attachment was dissolved by a bond on which the plaintiff became one of the sureties. But before dissolution, the counsel for the company, who in making the offer acted only for the present plaintiff, had informed the attorney for Cary, that as the corporation was insolvent, the attachment would not be allowed to ripen into a lien in bankruptcy, and inquired upon what basis a compromise could be effected. To this inquiry, the…
2Cases cited3 opinions
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
- Specialty Glass Co. v. DaleyMassachusetts Supreme Judicial Court · 1899
- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
3Cited by10 opinions
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Barnett v. RosenMassachusetts Supreme Judicial Court · 1920
- Johnson v. Von ScholleyMassachusetts Supreme Judicial Court · 1914
- Boston Supply Co. v. RubinMassachusetts Supreme Judicial Court · 1913
- Mondello v. Hanover Trust Co.Massachusetts Supreme Judicial Court · 1925
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