Cromwell v. Parsons
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 25, 1914, and afterwards amended, against the trustee in bankruptcy of the estate of Solomon Jacobs and John F. Kelly, a deputy sheriff, seeking, in a second prayer of the bill, to enjoin the defendants from proceeding with the collection of an execution against the plaintiff and one Thomas A. Cromwell until an execution in favor of the plaintiff against Jacobs had been allowed in set-off, and, in a third prayer, an…
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Bill in equity, filed in the Superior Court on February 25, 1914, and afterwards amended, against the trustee in bankruptcy of the estate of Solomon Jacobs and John F. Kelly, a deputy sheriff, seeking, in a second prayer of the bill, to enjoin the defendants from proceeding with the collection of an execution against the plaintiff and one Thomas A. Cromwell until an execution in favor of the plaintiff against Jacobs had been allowed in set-off, and, in a third prayer, an order for such set-off. In the Superior Court the suit was heard by Hamilton, J., upon agreed facts, material among which…
1Opinion of the CourtSheldon, J.
It is true that these two demands, not being between exactly the same parties, could not have been set off against each other in the original actions. Nor, for the same reason, could the plaintiff require that the executions should be set off against each other under the provisions of R. L. c. 177, § 27. For that very reason, if he has any remedy, it must be in equity. Wolcott v. Jones, 4 Allen, 367, 369.
*301But equity will enforce a set-off of demands like these whenever, by reason of the circumstances of the particular case, this is necessary to avoid injustice or to give effect to the…
2Cases cited8 opinions
- Tucker v. OxleySupreme Court of the United States · 1809
- Porter v. RosemanIndiana Supreme Court · 1905
- Gray v. RolloSupreme Court of the United States · 1874
- Farris v. HoustonSupreme Court of Alabama · 1884
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
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3Cited by12 opinions
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- Adams v. Grundy & Co.Massachusetts Supreme Judicial Court · 1926
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