Legal Opinion

Clare v. Doble

Massachusetts Supreme Judicial Court

Decided June 19, 1907PublishedCited by 1 opinion

Bill in equity filed in the Superior Court for the county of Suffolk January 10, 1906. There was a hearing before Fox, J., and at the request of the plaintiff a commissioner was appointed to take the testimony under Equity Rule 35. The presiding judge made the following memorandum of findings: “The single question of fact which appears to be in issue between the parties is, whether certificates of deposit of the face value of $7,500, payable to the order of H. F. Doble, are…

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Bill in equity filed in the Superior Court for the county of Suffolk January 10, 1906. There was a hearing before Fox, J., and at the request of the plaintiff a commissioner was appointed to take the testimony under Equity Rule 35. The presiding judge made the following memorandum of findings: “The single question of fact which appears to be in issue between the parties is, whether certificates of deposit of the face value of $7,500, payable to the order of H. F. Doble, are held by Allen as security for certain notes of E. H. Doble & Co., held by the Mount Vernon National Bank, of which Allen…

1Opinion of the CourtLoring, J.

This is a bill to reach and apply in payment of a judgment in favor of the plaintiff against Herbert F. Doble three certificates of deposit in the hands of the defendant Allen alleged to be the property of Herbert F. Doble, the debtor and principal defendant.

There were two defendants in addition to Herbert F. Doble, the principal defendant, and Allen, the alleged holder of Herbert F.’s property, namely, the Mount Vernon National Bank, who claimed that it had a lien on the certificates for the payment of notes signed by E. H. Doble and Company, a firm consisting of Herbert F. and his father…

2Cases cited3 opinions

  1. Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
  2. Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
  3. James v. LewisMassachusetts Supreme Judicial Court · 1905

3Cited by1 opinion

  1. Hines v. Levers & Sargent Co.Massachusetts Supreme Judicial Court · 1917

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