Barry v. Abbot
Massachusetts Supreme Judicial Court
Bill in equity to reach and apply, in payment of a debt, rights of a debtor which could not be come at to be attached or taken on execution in a suit at law against him ; heard by Wells, J., and reserved for the determination of the full court on an agreed statement of the pleadings and facts, as follows: “ The original bill, filed February 23, 1867, set forth that the defendant Abbot was indebted to the plaintiff on certain promissory notes, amounting to $1275, which was…
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Bill in equity to reach and apply, in payment of a debt, rights of a debtor which could not be come at to be attached or taken on execution in a suit at law against him ; heard by Wells, J., and reserved for the determination of the full court on an agreed statement of the pleadings and facts, as follows: “ The original bill, filed February 23, 1867, set forth that the defendant Abbot was indebted to the plaintiff on certain promissory notes, amounting to $1275, which was proved or admitted ; that Abbot sold to Absalom S. Blood, another of the defendants, certain stock and tools, and received…
1Opinion of the CourtHoar, J.
The provision for reaching and applying to the satisfaction of a debt the equitable assets of a debtor, which is found in the Gen. Sts. c. 113, § 2, cl. 11, and is copied from the St. of 1851, c. 206, and the St. of 1858, c. 34, has been the subject of judicial construction in several reported cases. It has been held that the remedy might be pursued by a creditor who had not exhausted his remedies at law, either by suing out an execution, or even reducing his claim to a judgment; and that it might be instituted by a creditor for himself alone, and not for himself and all other creditors who…
2Cited by19 opinions
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
- Grether v. WrightCourt of Appeals for the Sixth Circuit · 1896
- H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
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