Commonwealth v. Franklin Insurance
Massachusetts Supreme Judicial Court
Two petitions : one of William S. Bullard and others, trustees, that the receivers of the Franklin Insurance Company should be ordered to pay them the rent of a building No. 44 State Street, Boston; the other of George Higginson and others, members of the firm of Lee, Higginson & Company, that the said receivers should be ordered to pay them the rent of a building at the corner of State and Devonshire Streets, Boston.
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Two petitions : one of William S. Bullard and others, trustees, that the receivers of the Franklin Insurance Company should be ordered to pay them the rent of a building No. 44 State Street, Boston; the other of George Higginson and others, members of the firm of Lee, Higginson & Company, that the said receivers should be ordered to pay them the rent of a building at the corner of State and Devonshire Streets, Boston. Hearing before Morton, J., who reported the case to the full court as follows: “ The Franklin Insurance Company for many years occupied as their counting-room premises now…
1Opinion of the CourtEndicott, J.
The first question to be considered is the claim of Bullard & others, trustees, for payment of rent of 44 State Street, from January 1 to April 1, 1874, under their lease to the Franklin Insurance Company. The receivers who were appointed December 3, 1872, were not responsible for this rent merely by accepting the trust, and receiving the assets of the Franklin Insurance Company. Hoyt v. Stoddard, 2 Allen, 442. They could have elected to take possession, and assume the liability to pay the rent, according to the covenants of the lease, if they had deemed it for the interest of the creditors…
2Cases cited2 opinions
- Martin v. BlackNew York Court of Chancery · 1842
- Ex parte FaxonDistrict Court, D. Massachusetts · 1869
3Cited by26 opinions
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
- Dayton Hydraulic Co. v. FelsenthallCourt of Appeals for the Sixth Circuit · 1902
- Wells v. Hartford Manilla Co.Supreme Court of Connecticut · 1903
- Bell v. American Protective LeagueMassachusetts Supreme Judicial Court · 1895
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