Legal Opinion
In Re Duncan & Goodell Co.
District Court, D. Massachusetts
Decided July 10, 1936No. 56002PublishedCited by 4 opinions
1Opinion of the Court
BREWSTER, District Judge.
The referee’s certificate has brought up for review his order, made in the course of the above proceedings, allowing in full a claim of the estate of Theodore T. Ellis in the amount of $92,560.07, being the amount alleged to be due on a guarantee, executed by the debtor in writing, of certain obligations of the Duncan & Goodell Realty Company, another corporation. The trustee objects to the allowance of this claim on the ground that the guarantee, upon which it is based, was an ultra vires act, and hence can form the basis for no legal rights against the debtor. The…
2Cases cited9 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Teele v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1916
- American Surety Co. of New York v. 14 Canal Street, Inc.Massachusetts Supreme Judicial Court · 1931
- Edwards v. International Pavement Co.Massachusetts Supreme Judicial Court · 1917
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3Cited by4 opinions
- Alliegro v. Pan American Bank of MiamiDistrict Court of Appeal of Florida · 1962
- Heath Management Co. v. Guaranty-First Trust Co. (In re Waterside Construction Co.)District Court, D. Massachusetts · 1990
- Boston Building & Construction Corp. v. MulhernMassachusetts District Court, Appellate Division · 1957
- Youngers v. CoreCivic, Inc.District Court, D. New Mexico · 2025