American Carpet Lining Co. v. Chipman
Massachusetts Supreme Judicial Court
Bill in equity, under the Pub. Sts. c. 157, § 15, to vacate proceedings in insolvency instituted against the plaintiff upon the petition of the defendant.
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Bill in equity, under the Pub. Sts. c. 157, § 15, to vacate proceedings in insolvency instituted against the plaintiff upon the petition of the defendant. The bill alleged, in substance, that a petition for a warrant in insolvency to seize the estate of the plaintiff was signed by the defendant and filed by him in the Court of Insolvency; that the petition set forth that the defendant, “ who brings this petition for the use and benefit of Edward H. Bailey,” was a creditor of the plaintiff, and was verified by the following affidavit, sworn to before a justice of the peace : “ Personally…
1Opinion of the CourtDevens, J.
The case having been heard upon bill and answer, the allegations of the answer must be taken as true where they are in conflict with those of the bill. Perkins v. Nichols, 11 Allen, 542. From these it appears that Chipman, who had recovered a judgment against the petitioner, had assigned the same to one Bailey, with full authority to collect it in Chip-man’s name and as his attorney; that proceedings in insolvency against the plaintiff were instituted by Bailey, acting through his attorney, Francis S. Hesseltine, who was instructed to institute such proceedings ; that the defendant, being…
2Cases cited4 opinions
- Moore v. SpiegelMassachusetts Supreme Judicial Court · 1887
- Hadley v. WatsonMassachusetts Supreme Judicial Court · 1886
- Taylor v. WrightIllinois Supreme Court · 1887
- Goodrich v. StevensMassachusetts Supreme Judicial Court · 1874
3Cited by13 opinions
- McKenney v. Commission on Judicial ConductMassachusetts Supreme Judicial Court · 1979
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
- Palmer v. WhitneyMassachusetts Supreme Judicial Court · 1896
- Becker v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Binney v. Globe National BankMassachusetts Supreme Judicial Court · 1890
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