Nutter v. Wheeler
District Court, D. Massachusetts
Action of contract by the assignee in bankruptcy of A. S. Gear, to recover $G27. alleged to have been received by the defendants [J. g. Wheeler and others] to the use of the plaintiff [Thomas F. Nutter], The case was, by consent, tried by the court without a jury. The facts, as found by the judge, were these: The defendants were manufacturers of machinists’ tools at "Worcester, and Gear had a shop in Boston, where he sold such tools, among other things.
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Action of contract by the assignee in bankruptcy of A. S. Gear, to recover $G27. alleged to have been received by the defendants [J. g. Wheeler and others] to the use of the plaintiff [Thomas F. Nutter], The case was, by consent, tried by the court without a jury. The facts, as found by the judge, were these: The defendants were manufacturers of machinists’ tools at "Worcester, and Gear had a shop in Boston, where he sold such tools, among other things. The defendants were in the habit of sending their manufactured goods to Gear, and be sold them at such prices and to such persons and on such…
1Opinion of the Court
LOWELL, District Judge.
It has been settled for a very long time that, upon the bankruptcy of a factor, his principal may recover from the assignees any of the goods remaining unsold, or any proceeds of the sale of such goods which the assignees tliemsel^gs have received, or which remain specifically distinguishable from the mass of the bankrupt’s property. The action may be brought at law as well as in equity, subject, of course, to the factor's lien for advances or commissions (Scott v. Surman, Willes, 400; Ex parte Chion, 3 P. Wms. 187 note; Kelley v. Munson, 7 Mass. 319; Tooke v.…
2Cases cited1 opinion
- Kelley v. MunsonMassachusetts Supreme Judicial Court · 1811
3Cited by13 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Furst Bros. v. Commercial BankSupreme Court of Georgia · 1903
- National Bank v. GoodyearSupreme Court of Georgia · 1893
- Cass v. RochesterCalifornia Supreme Court · 1917
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