Eastern Bridge & Structural Co. v. Worcester Auditorium Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 11, 1912, by the Eastern Bridge and Structural Company, a corporation, as a creditor of the defendant Worcester Auditorium Company, a corporation, in behalf of itself and such other creditors as might join, under R. L. c. 159, § 3, cl. 7, to reach and apply to the payment of the plaintiff’s claim a lease of a building called the Worcester Auditorium, constituting almost the entire assets of the defendant corporation and…
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Bill in equity, filed in the Superior Court on June 11, 1912, by the Eastern Bridge and Structural Company, a corporation, as a creditor of the defendant Worcester Auditorium Company, a corporation, in behalf of itself and such other creditors as might join, under R. L. c. 159, § 3, cl. 7, to reach and apply to the payment of the plaintiff’s claim a lease of a building called the Worcester Auditorium, constituting almost the entire assets of the defendant corporation and standing on land of the defendant Shannon, the lessor, the lease giving to the defendant corporation the right to purchase…
1Opinion of the CourtBraley, J.
The defendants never have answered, and, before reference to the master to hear the parties and report his findings of fact, or after the coming in of his report and before directing him to sell the property of the defendant company, a decree taking the bill for confessed should have been entered. But, while the proceedings appear to have been unusual and anomalous, the court could define the rights of the plaintiff, and under the master’s report, which is referred to but is not shown by the record, direct him to sell the property at a price named, and upon his further report, which also does…
2Cases cited13 opinions
- Williamson v. BerrySupreme Court of the United States · 1850
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- William Rogers Manufacturing Co. v. RogersSupreme Court of Connecticut · 1871
- People Ex Rel. Day v. . BergenNew York Court of Appeals · 1873
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3Cited by17 opinions
- Matter of AndersonCourt of Appeals of Maryland · 1974
- Raynes v. SharpMassachusetts Supreme Judicial Court · 1921
- C. H. Batchelder & Co. v. BatchelderMassachusetts Supreme Judicial Court · 1914
- Civil Aeronautics Board v. Carefree Travel, Inc.Court of Appeals for the Second Circuit · 1975
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
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