Hutchinson v. Nay
Massachusetts Supreme Judicial Court
Bill in equitt, filed July 17,1903, by the administratrix of the estate of Joseph I. Hutchinson, who died on January 31, 1901, against the defendant as surviving partner of the firm of Ira A. Nay and Company, which consisted of the defendant and the plaintiff’s intestate, praying for an account of the proceeds of the good will of the late firm alleged to have been sold by the defendant after the filing of the bill in the suit between the same parties, in which the decision…
Read the full summary
Bill in equitt, filed July 17,1903, by the administratrix of the estate of Joseph I. Hutchinson, who died on January 31, 1901, against the defendant as surviving partner of the firm of Ira A. Nay and Company, which consisted of the defendant and the plaintiff’s intestate, praying for an account of the proceeds of the good will of the late firm alleged to have been sold by the defendant after the filing of the bill in the suit between the same parties, in which the decision of this court was made which is reported in 183 Mass. 355, and for an order to the defendant to pay to the plaintiff her…
1Opinion of the CourtLoring, J.
In the previous suit, Hutchinson v. Nay, 183 Mass. 355, the plaintiff sought to charge the defendant with the value of the good will of the former firm of Ira A. Nay and Company, which was dissolved by the death of Hutchinson, on two grounds, namely, that the defendant, the surviving partner, had agreed with the administratrix of Hutchinson’s estate, the plaintiff, to buy the good will of the firm; and secondly, that he had appropriated it to himself and so was bound to account for its value. The present bill is founded on the fact that while the first bill was pending the defendant sold the…
2Cases cited3 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Hutchinson v. NayMassachusetts Supreme Judicial Court · 1903
- Webster v. WebsterMassachusetts Supreme Judicial Court · 1902
3Cited by27 opinions
- In Re the Accounting of BrownNew York Court of Appeals · 1926
- Von Bremen v. . MacMonniesNew York Court of Appeals · 1910
- Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907
- George G. Fox Co. v. GlynnMassachusetts Supreme Judicial Court · 1906
- Martin v. JablonskiMassachusetts Supreme Judicial Court · 1925
22 more not listed; retrieve them via the Exa API.