Legal Opinion

Gay v. Ray

Massachusetts Supreme Judicial Court

Decided March 1, 1907PublishedCited by 10 opinions

Bill in equity, filed in the Supreme Judicial Court on February 5, 1904, under R. L. c. 159, § 3, cl. 7, to reach and apply to the payment of a debt owed by the defendant Ray to the plaintiff the interest of Ray in a partnership called the George W. McPherson Store Company and in shares of stock held by Ray in a corporation called the Coe-Ray-Creelman Company.

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Bill in equity, filed in the Supreme Judicial Court on February 5, 1904, under R. L. c. 159, § 3, cl. 7, to reach and apply to the payment of a debt owed by the defendant Ray to the plaintiff the interest of Ray in a partnership called the George W. McPherson Store Company and in shares of stock held by Ray in a corporation called the Coe-Ray-Creelman Company. On February 6, 1904, a temporary injunction was ordered, and a writ of injunction issued, restraining the defendants from the sale, withdrawal or other disposition of any portion of the defendant Ray’s share or interest as a copartner…

1Opinion of the CourtSheldon, J.

We are of opinion that, the temporary injunction issued in this case on February 6, 1904, created an equitable lien upon the interest of the defendant Ray in the partnership of the defendants which is valid against the trustee *15appointed in bankruptcy proceedings begun on January 11, 1906. We regard this question as settled by the decisions in Snyder v. Smith, 185 Mass. 58, Metcalf v. Barker, 187 U. S. 165, and Pickens v. Roy, 187 U. S. 177. And see 5 Cyc. 865, and the cases there cited. It was assumed that this was the correct rule in Mauran v. Crown Carpet Lining Co. 23 R. I. 324; 6 Am.…

2Cases cited12 opinions

  1. Metcalf v. BarkerSupreme Court of the United States · 1902
  2. Pickens v. RoySupreme Court of the United States · 1902
  3. Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
  4. Snyder v. SmithMassachusetts Supreme Judicial Court · 1904
  5. Kansas Pacific Railway Co. v. ThacherSupreme Court of Kansas · 1876

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3Cited by10 opinions

  1. Bressler v. AverbuckMassachusetts Supreme Judicial Court · 1947
  2. McCarthy v. RogersMassachusetts Supreme Judicial Court · 1936
  3. Shapira v. BudishMassachusetts Supreme Judicial Court · 1931
  4. Ballentine v. EatonMassachusetts Supreme Judicial Court · 1937
  5. Hill v. HillMassachusetts Supreme Judicial Court · 1907

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

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