Sandford v. Wright
Massachusetts Supreme Judicial Court
Bill in equity, under Pub. Sts. c. 151, § 2, cl. 11, and St. 1884, c. 285, against Belle Wright and the Soule Piano and Organ Investment Company, a corporation, to reach and apply, in payment of a debt alleged to be due to the plaintiff from the first named defendant for board and lodgings, certain sums of money which may become payable to her from the above named corporation upon certain contingencies which may occur in the future.
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Bill in equity, under Pub. Sts. c. 151, § 2, cl. 11, and St. 1884, c. 285, against Belle Wright and the Soule Piano and Organ Investment Company, a corporation, to reach and apply, in payment of a debt alleged to be due to the plaintiff from the first named defendant for board and lodgings, certain sums of money which may become payable to her from the above named corporation upon certain contingencies which may occur in the future. Trial in the Superior Court, upon the bill and demurrer of the defendant Wright, before Dunhar, J., who sustained the demurrer; and the plaintiff appealed to this…
1Opinion of the CourtField, C. J.
There is nothing in the first or second grounds of demurrer. The debt need not be reduced to a judgment in order to maintain a bill in equity like the present under the statutes, which give a remedy in equity to reach and apply in payment of a debt property of the debtor which cannot be attached or taken bn executinn at law.
The third ground of demurrer is, that it appears by the bill that there is an action at law pending in this Commonwealth between the same parties for the same cause of action, and that it is not “ just or equitable that the said defendant shall be held to answer both suits…
2Cases cited2 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Insurance Co. v. Brune's AssigneeSupreme Court of the United States · 1878
3Cited by20 opinions
- Norwood v. McDonaldOhio Supreme Court · 1943
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- City of Worcester v. Lakeside Manufacturing Co.Massachusetts Supreme Judicial Court · 1899
- Zuckernik v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1935
- Powers v. HeggieMassachusetts Supreme Judicial Court · 1929
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