Legal Opinion

Traders' National Bank v. Steere

Massachusetts Supreme Judicial Court

Decided February 29, 1896PublishedCited by 8 opinions

Bill in equity, filed in the Superior Court, April 30, 1895, under Pub. Sts. c. 151, § 2, cl. 11, and St. 1884, c. 285, against Carl 'E. Steere and James H. Wheeler, Jr., partners under the firm name of Stedman, Steere, and Wheeler, the National Bank of the Republic, the Blacks tone National Bank, the National Hide and Leather Bank, the National Bank of Redemption, the Hamilton National Bank, and Marshall A. Phillips, to reach and apply property of Phillips, which could not…

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Bill in equity, filed in the Superior Court, April 30, 1895, under Pub. Sts. c. 151, § 2, cl. 11, and St. 1884, c. 285, against Carl 'E. Steere and James H. Wheeler, Jr., partners under the firm name of Stedman, Steere, and Wheeler, the National Bank of the Republic, the Blacks tone National Bank, the National Hide and Leather Bank, the National Bank of Redemption, the Hamilton National Bank, and Marshall A. Phillips, to reach and apply property of Phillips, which could not be attached or taken on execution in an action at law. The bill alleged that the plaintiff recovered judgment against…

1Opinion of the CourtKnowlton, J.

Under Pub. Sts. c. 151, § 3, this court has jurisdiction in equity to reach and apply in payment of a debt any property of a debtor liable to be attached or taken on execution in a suit at law against him, and fraudulently conveyed by him with intent to defeat, delay, or defraud his creditors. Under cl. 11, § 2, of the same chapter, and under St. 1884, c. 285, it has jurisdiction to reach and apply in payment of a debt “ any property, right, title, or interest, legal or equitable, of a debtor, within this State, which cannot be come at to be attached or taken on execution in a suit at law…

2Cases cited9 opinions

  1. Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
  2. Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
  3. Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
  4. Taylor v. JaquesMassachusetts Supreme Judicial Court · 1871
  5. Atwood v. FiskMassachusetts Supreme Judicial Court · 1869

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3Cited by8 opinions

  1. Boston Trading Group, Inc. v. Robert A. Burnazos, Boston Trading Group, Inc. v. Robert A. BurnazosCourt of Appeals for the First Circuit · 1988
  2. Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
  3. Smith v. WhitmanSupreme Court of New Jersey · 1963
  4. Merchants Bank v. PageCourt of Appeals of Maryland · 1925
  5. Wolff v. PerkinsMassachusetts Supreme Judicial Court · 1925

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

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