Jordan v. Palmer
Massachusetts Supreme Judicial Court
Bill in equity, filed April 24,1895, by Eben D. Jordan and others, copartners under the name of Jordan, Marsh, and Company, under Pub. Sts. c. 157, § 15, to revise the proceedings of the Court of Insolvency in the issuing of a warrant and the appointment of an assignee.
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Bill in equity, filed April 24,1895, by Eben D. Jordan and others, copartners under the name of Jordan, Marsh, and Company, under Pub. Sts. c. 157, § 15, to revise the proceedings of the Court of Insolvency in the issuing of a warrant and the appointment of an assignee. The bill alleged that, on June 6,1893, an action at law in the Superior Court for Suffolk County was brought against them by the defendant, in which it was claimed that they had converted a stock of goods, the property of the plaintiff in that case; that it appeared at the trial of that action that the plaintiffs in this…
1Opinion of the CourtKnowlton, J.
There are several difficulties in the way of the maintenance of the plaintiffs’ suit. In the first place the records of the insolvency court show no irregularity in the proceedings, and the plaintiffs’ having made an application in that court for the relief which they seek here, and having been refused, it must be that the judge of insolvency does not desire to amend the record to make it conform to the allegations of fact contained in this petition. It has been decided that, in a suit of this kind, the record as made up or amended by direction of the *320judge of insolvency is conclusive…
2Cases cited3 opinions
- Winchester v. ThayerMassachusetts Supreme Judicial Court · 1880
- Claflin v. LoweMassachusetts Supreme Judicial Court · 1892
- Thomson v. PoorMassachusetts Supreme Judicial Court · 1895
3Cited by1 opinion
- Jaquith v. FullerMassachusetts Supreme Judicial Court · 1896