Hewitt v. Hayes
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on April 5 and amended on June 8,1909, by the trustee in bankruptcy of the estate of Edward A. Bangs against the executors of the will of S. Gannett Wells, late of Boston.
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Bill in equity, filed in the Supreme Judicial Court on April 5 and amended on June 8,1909, by the trustee in bankruptcy of the estate of Edward A. Bangs against the executors of the will of S. Gannett Wells, late of Boston. The bill as amended alleged That on August 1,1903, and for a number of years before S. Gannett Wells of Boston and Edward A. Bangs of Wareham were doing business as copartners under the firm name of Bangs and Wells, and had a usual place of business in Boston; that during a portion of that time, and until his decease in the autumn of 1903, Samuel Wells also was a member of…
1Opinion of the CourtSheldon, J.
The arrangement made in August, 1903, between Bangs and Wells was not in any sense a dissolution of their firm or a transfer of its assets or any of them to Wells. It was merely a device adopted to remove Bangs, at least for a time, from any active control or management of the business of the firm and to give the power of management exclusively to *591Wells. But the interest and ownership of each of them remained unaffected by the adoption of this device. The rule of Howe v. Lawrence, 9 Cush. 583, Case v. Beauregard, 99 U. S. 119, and Sargent v. Blake, 160 Fed. Rep. 57, has no application here.…
2Cases cited13 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Williams v. . WhedonNew York Court of Appeals · 1888
- Wright v. . NostrandNew York Court of Appeals · 1883
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3Cited by7 opinions
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
- Murphy v. MurphyMassachusetts Supreme Judicial Court · 1914
- Wellman v. NorthMassachusetts Supreme Judicial Court · 1926
2 more not listed; retrieve them via the Exa API.