Borden v. Enterprise Transportation Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT by different plaintiffs against the Enterprise Transportation Company, a corporation organized under the laws of this Commonwealth, in each of which other corporations were summoned as trustees.
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Two ACTIONS OF CONTRACT by different plaintiffs against the Enterprise Transportation Company, a corporation organized under the laws of this Commonwealth, in each of which other corporations were summoned as trustees. Writs dated respectively November 13 and November 15,1907. " In each of the cases the several trustees appeared and answered, admitting funds, and in each of the cases Hollis R. Bailey filed an intervening petition as claimant, claiming the funds in the hands of the alleged trustees as receiver of the property of the defendant appointed by the Circuit Court of the United States…
1Opinion of the CourtKnowlton, C. J.
The question presented by the bill of exceptions is the same in each of these two cases, namely: Whether the R. L. c. 167, § 126, declaring that an attachment of property on mesne process shall be dissolved by the appointment of a receiver to take possession of such property, is applicable to a case where the receiver is appointed by the Circuit Court of the United States.
The language of the statute, “by any court of competent jurisdiction in this Commonwealth,” standing alone, is broad enough to include the federal courts, and if all the provisions of the statute were properly applicable to…
2Cases cited7 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Claflin v. HousemanSupreme Court of the United States · 1876
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Morgan v. New York National Building & Loan Ass'nSupreme Court of Connecticut · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thornley v. J. C. Walsh Co.Massachusetts Supreme Judicial Court · 1908
- Loring v. YoungMassachusetts Supreme Judicial Court · 1921