Williston Seminary v. Easthampton Spinning Co.
Massachusetts Supreme Judicial Court
Petition to intervene in a pending suit in equity against the Easthampton Spinning Company, in which the petitioner is plaintiff, to reach and apply to the petitioner’s claim against George H. Seeley, a creditor of that corporation, any dividend which Seeley may be entitled to receive from the receiver appointed in that suit. The petitioner filed a motion to amend, and the respondent Seeley demurred to “the petition as amended.”
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Petition to intervene in a pending suit in equity against the Easthampton Spinning Company, in which the petitioner is plaintiff, to reach and apply to the petitioner’s claim against George H. Seeley, a creditor of that corporation, any dividend which Seeley may be entitled to receive from the receiver appointed in that suit. The petitioner filed a motion to amend, and the respondent Seeley demurred to “the petition as amended.” In the Superior Court Holmes, J. made an order overruling the demurrer, and being of opinion that the interlocutory order so affected the merits of the controversy…
1Opinion of the CourtBraley, J.
The plaintiff claiming to be a simple contract creditor of the defendant, on December 16, 1898, brought in the Superior Court this bill in equity, which after alleging that the defendant was possessed of certain machinery in its factory, and of personal property “consisting of office furniture and stock, raw, wrought and in process of manufacture, located in said mills,” included the further allegations that “ said property has long been disused by the defendant and lies idle at the place aforesaid and is rapidly deteriorating in value ”; that “ the defendant gives no adequate care and…
2Cases cited4 opinions
- Phœnix Insurance v. AbbottMassachusetts Supreme Judicial Court · 1879
- Columbian Book Co. v. De GolyerMassachusetts Supreme Judicial Court · 1874
- Tuck v. ManningMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. Hide & Leather InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
- Hill v. HillMassachusetts Supreme Judicial Court · 1907
- Adamian v. HassanoffMassachusetts Supreme Judicial Court · 1905
- John A. Wogan, Inc. v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1922