Legal Opinion

Geer v. Horton

Massachusetts Supreme Judicial Court

Decided May 26, 1893PublishedCited by 10 opinions

Bill in equity, filed on October 7, 1892, against William Horton and the United Reserve Fund Associates, a corporation, to reach and apply, in payment of the amount of a promissory note made by Horton and payable to the plaintiff, a sum supposed to be due from the defendant corporation to Horton as a member thereof. The case was heard upon the bill and a demurrer of the defendant corporation.

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Bill in equity, filed on October 7, 1892, against William Horton and the United Reserve Fund Associates, a corporation, to reach and apply, in payment of the amount of a promissory note made by Horton and payable to the plaintiff, a sum supposed to be due from the defendant corporation to Horton as a member thereof. The case was heard upon the bill and a demurrer of the defendant corporation. Allen, J. sustained the demurrer, and, the plaintiff not desiring to offer any amendment, the bill was dismissed; and the plaintiff appealed to the full court. The facts sufficiently appear in the…

1Opinion of the CourtAllen, J.

Without discussing the question whether in other respects the plaintiff’s bill is sufficient, we come at once to consider the effect of St. 1888, c. 429, § 15, which is as follows: 11 The money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any corporation authorized to do business under this act, shall nqt be liable to attachment by trustee or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, nor by operation of law, to pay any debt or liability of a certificate holder or any beneficiary named therein.”…

2Cases cited5 opinions

  1. Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
  2. Carver v. PeckMassachusetts Supreme Judicial Court · 1881
  3. Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1881
  4. Maxwell v. CochranMassachusetts Supreme Judicial Court · 1883
  5. Saunders v. RobinsonMassachusetts Supreme Judicial Court · 1887

3Cited by10 opinions

  1. Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
  2. Foster v. EvansMassachusetts Supreme Judicial Court · 1981
  3. Hussey v. ArnoldMassachusetts Supreme Judicial Court · 1904
  4. McCarthy v. RogersMassachusetts Supreme Judicial Court · 1936
  5. Blumenthal v. BlumenthalMassachusetts Supreme Judicial Court · 1939

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