Legal Opinion

Fellows v. Spaulding

Massachusetts Supreme Judicial Court

Decided February 15, 1886PublishedCited by 8 opinions

Bill in EQUITY, filed June 7,1884, by the assignees in insolvency of Lewis Killam, against Leonard V. Spaulding, Lewis Killam, the Real Estate Improvement Company, a corporation established according to law, Nathaniel T. Wentworth, and thirty-four other persons, alleging the following facts: On December 15, 1883, the defendant Killam was, under a contract with the Real Estate Improvement Company, erecting buildings for it on its land in Haverhill.

Read the full summary

Bill in EQUITY, filed June 7,1884, by the assignees in insolvency of Lewis Killam, against Leonard V. Spaulding, Lewis Killam, the Real Estate Improvement Company, a corporation established according to law, Nathaniel T. Wentworth, and thirty-four other persons, alleging the following facts: On December 15, 1883, the defendant Killam was, under a contract with the Real Estate Improvement Company, erecting buildings for it on its land in Haverhill. The defendant Spaulding was the general agent and treasurer of the company ; and Wentworth and the other defendants were workmen in the employ of…

1Opinion of the CourtMorton, C. J.

This is a bill in equity to restrain the several defendants from proving their claims against an insolvent debtor *93in the Court of Insolvency. If, in any case, such a bill, in the nature of a bill of peace, can be maintained, where there are many creditors whose debts depend upon the same question, and who threaten, by separate appeals, to harass the assignee with a multiplicity of vexatious suits, which we need not decide, this bill does not state a case which calls for the interposition of a court of equity. Such a bill is addressed to the discretion of the court of equity, and will not be…

2Cited by8 opinions

  1. Police Commissioner v. City of BostonMassachusetts Supreme Judicial Court · 1932
  2. Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
  3. Van Auken v. DammeierOregon Supreme Court · 1895
  4. Equitable Guarantee & Trust Co. v. DonahoeCourt of Chancery of Delaware · 1899
  5. International Paper Co. v. Bellows Falls Canal Co.Supreme Court of Vermont · 1914

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API