Binney v. Globe National Bank
Massachusetts Supreme Judicial Court
Petition in equity, under the Pub. Sts. c. 157, § 15, to vacate proceedings in insolvency brought against the petitioner by the first named respondent. The other respondent was the messenger in insolvency. The case was heard by 0. Allen, J., and was as follows. The petitioner, who was the wife of George H. Binney, at his request put her name on the back of two printed blank instruments, and gave them to him.
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Petition in equity, under the Pub. Sts. c. 157, § 15, to vacate proceedings in insolvency brought against the petitioner by the first named respondent. The other respondent was the messenger in insolvency. The case was heard by 0. Allen, J., and was as follows. The petitioner, who was the wife of George H. Binney, at his request put her name on the back of two printed blank instruments, and gave them to him. Afterwards he filled up the blanks therein, signed them, and severally indorsed them by writing his name above hers. The face of the first instrument, which differed from the second only…
1Opinion of the CourtDeyens, J.
The petition in the case at bar is addressed to the supervisory jurisdiction of this court of all cases arising under the insolvent law, which, “ except when special provision is otherwise made, may, upon the bill, petition, or other proper process of any party aggrieved, hear and determine the case as a court of equity.” Pub. Sts. c. 157, § 15. While the language used is broad enough to include all questions of fact as well as of law, and while, in the exercise of this jurisdiction, the court is not limited to the evidence which was before the Court of Insolvency, but may hear and pass upon…
2Cases cited9 opinions
- Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Arnold v. SpurrMassachusetts Supreme Judicial Court · 1881
- Major v. HolmesMassachusetts Supreme Judicial Court · 1878
- Coolidge v. SmithMassachusetts Supreme Judicial Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
- Edgerly v. Equitable Life Assurance Society of the United StatesMassachusetts Supreme Judicial Court · 1934
- Prescott National Bank v. ButlerMassachusetts Supreme Judicial Court · 1893
12 more not listed; retrieve them via the Exa API.