Cooke v. Barrett
Massachusetts Supreme Judicial Court
Bill in equity, filed in this court under the Pub. Sts. c. 157, § 15, to set aside a composition with creditors and a discharge in insolvency. At the hearing, before Allen, J., the following facts appeared in evidence. The defendants, who were partners, filed, on December 31, 1889, a petition in insolvency, and together therewith filed a proposal for a composition with their creditors, to be paid in cash and in notes to be indorsed by their respective wives.
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Bill in equity, filed in this court under the Pub. Sts. c. 157, § 15, to set aside a composition with creditors and a discharge in insolvency. At the hearing, before Allen, J., the following facts appeared in evidence. The defendants, who were partners, filed, on December 31, 1889, a petition in insolvency, and together therewith filed a proposal for a composition with their creditors, to be paid in cash and in notes to be indorsed by their respective wives. Various hearings were had on this proposal, and claims proved by creditors, including the plaintiff. The plaintiff in the Court of…
1Opinion of the CourtMorton, J.
It. is said in Tash v. Adams, 10 Cush. 252, “ It is a well established rule in equity that if a party is guilty of loches or unreasonable delay in the enforcement of his rights, he thereby forfeits his claim to equitable relief,” and that, “ where a party, being cognizant of his rights, does not take those steps to assert them which are open to him, but lies by, and suffers other parties to incur expenses and enter into engagements and. contracts of a burdensome character,” the rule is especially applicable. The principle here laid down has been recognized in later cases and governs this…
2Cases cited1 opinion
- Royal Bank of Liverpool v. Grand Junction Railroad & Depot Co.Massachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Cooke v. PlaistedMassachusetts Supreme Judicial Court · 1902
- Jackson v. EnsignMassachusetts Supreme Judicial Court · 1908