Maxwell v. Cochran
Massachusetts Supreme Judicial Court
Two BELLS IN EQUITY, filed November 1, 1881, under the Gen. Sts. c. 113, § 2, cl. 11, to reach and apply, in payment of debts due to the plaintiff from the first-named defendant in each suit, their respective interests in the assets of a copartnership composed of themselves and the other defendants. The cases were heard before Q. Allen, J., who ordered a decree for the plaintiff in each case; and the defendants appealed to the full court.
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Two BELLS IN EQUITY, filed November 1, 1881, under the Gen. Sts. c. 113, § 2, cl. 11, to reach and apply, in payment of debts due to the plaintiff from the first-named defendant in each suit, their respective interests in the assets of a copartnership composed of themselves and the other defendants. The cases were heard before Q. Allen, J., who ordered a decree for the plaintiff in each case; and the defendants appealed to the full court. The facts sufficiently appear in the opinion.
1Opinion of the CourtDevens, J.
Without discussing or deciding whether a creditor would ordinarily be entitled to proceed under the Gen. Sts. c. 113, § 2, el. 11, against his debtor and the firm in whose assets, as a member, he is alleged to have a valuable interest, a majority of the court are of opinion that, upon the special facts as they appear in the case at bar, a court of equity should not assist nor permit the plaintiff to avail himself of this remedy. The debtor Cochran obtained his discharge in insolvency previously to the commencement of this suit. The debt alleged to be due the plaintiff was provable against his…
2Cases cited3 opinions
- Phœnix Insurance v. AbbottMassachusetts Supreme Judicial Court · 1879
- Chapman v. Banker & Tradesman Publishing Co.Massachusetts Supreme Judicial Court · 1880
- Stoddard v. HarringtonMassachusetts Supreme Judicial Court · 1868
3Cited by7 opinions
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- McCarthy v. RogersMassachusetts Supreme Judicial Court · 1936
- Phoenix National Bank of Providence v. BatchellerMassachusetts Supreme Judicial Court · 1890
- Geer v. HortonMassachusetts Supreme Judicial Court · 1893
- Venable v. RickenbergMassachusetts Supreme Judicial Court · 1890
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