Schlesinger v. Sherman
Massachusetts Supreme Judicial Court
Bill in equity, filed July 8,1878, under the Gen. Sts. c. 113, § 2, cl. 11, by the assignees in bankruptcy of George T. Richardson and Francis H. Scudder, against Nathaniel B. Sherman and the Oliver Ames & Sons’ Corporation, to reach and have applied to the payment of a debt of Sherman his interest in the rent then due and to become due under a lease of certain real estate.
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Bill in equity, filed July 8,1878, under the Gen. Sts. c. 113, § 2, cl. 11, by the assignees in bankruptcy of George T. Richardson and Francis H. Scudder, against Nathaniel B. Sherman and the Oliver Ames & Sons’ Corporation, to reach and have applied to the payment of a debt of Sherman his interest in the rent then due and to become due under a lease of certain real estate. The bill, after setting forth debts due and payable from Sherman to the plaintiffs to the amount of $2000 and upwards, alleged that Sherman is the owner of certain lands, buildings, machinery and other property in…
1Opinion of the CourtGray, C. J.
This bill is founded on that clause of the Gen. Sts. c. 113, § 2, which confers upon this court jurisdiction in equity of “ bills by creditors to reach and apply, in payment of a debt, any property, right, title or interest, legal or equitable, of a debtor, within this state, which cannot be come at to be attached or taken on execution in a suit- at law against such debtor.”
The equitable jurisdiction conferred by this statute, and invoked in the bill, does not depend upon the nature of the plaintiff’s debt or cause of action, but upon the existence of some property or right which cannot be…
2Cited by6 opinions
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- Geist v. City of St. LouisSupreme Court of Missouri · 1900
- Weil v. RaymondMassachusetts Supreme Judicial Court · 1886
- Venable v. RickenbergMassachusetts Supreme Judicial Court · 1890
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