Green v. Russell
Massachusetts Supreme Judicial Court
The first case is an appeal by a creditor from the decision of commissioners appointed by the judge of probate, under the Gen. Sts. c. 99, § 2, to examine and allow claims against the insolvent estate of Jonathan Russell, deceased, allowing a claim of Edward H. Green, one of the executors of the will of said Russell. The second case is an appeal by a creditor from a decree of the Judge of Probate, under the Gen. Sts. e. 97, §§ 26, 27, allowing the same claim.
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The first case is an appeal by a creditor from the decision of commissioners appointed by the judge of probate, under the Gen. Sts. c. 99, § 2, to examine and allow claims against the insolvent estate of Jonathan Russell, deceased, allowing a claim of Edward H. Green, one of the executors of the will of said Russell. The second case is an appeal by a creditor from a decree of the Judge of Probate, under the Gen. Sts. e. 97, §§ 26, 27, allowing the same claim. The cases were heard together, by Colt, J., who found that the claim of Green should be allowed against the individual estate of…
1Opinion of the CourtMorton, C. J.
The contract between Edward H. Green and Jonathan Russell for the sale of the interest of the former in the firm of Russell & Sturgis was partly written and partly oral. They, with others, were members of the firm of Russell & Sturgis of Manila in the Philippine Islands, which firm, by the *537articles of copartnership, expired on December 81,1871. By the articles, Green and Russell were to be jointly the exclusive owners of the good will and of the right to organize a new firm of the same name and style, at the expiration of the old firm. In July 1871, Green and Russell met in London, and…
2Cases cited2 opinions
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