Rosenberg v. Schraer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Bristol June 6, 1904, for an accounting. The case was referred to a master, who filed a report, which contained, besides the findings stated in the oninion, the following: “As to the first item of $250 the plaintiff testified that on the morning of December 11, 1902, he and the defendant went together to the National Union Bank where the plaintiff’s firm kept their bank account; that while there the defendant…
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Bill in equity, filed in the Superior Court for the county of Bristol June 6, 1904, for an accounting. The case was referred to a master, who filed a report, which contained, besides the findings stated in the oninion, the following: “As to the first item of $250 the plaintiff testified that on the morning of December 11, 1902, he and the defendant went together to the National Union Bank where the plaintiff’s firm kept their bank account; that while there the defendant wrote and the plaintiff signed a check for $250 payable to the defendant, which was cashed, the defendant taking the money;…
1Opinion of the CourtLoring, J.
It appears from the master’s report that the plaintiff and three others were partners “in the clothing and furnishing business ” before the afternoon of December 11,1902. On the morning of that day an attachment of the firm property was made, and in the afternoon a general assignment was made by the firm to one Ettenson, attorney for the attaching creditor.
The plaintiff owned as his separate property a mortgage for $775, made by one Perrusse, pledged for a private loan to him, amounting to $100. “Under date of December 10, 1902,” the plaintiff assigned this mortgage and on December 11 he paid…
2Cases cited2 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
3Cited by8 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
- Fairbanks v. McDonaldMassachusetts Supreme Judicial Court · 1914
- Knowles v. KnowlesMassachusetts Supreme Judicial Court · 1910
- Smith v. KenneyMassachusetts Supreme Judicial Court · 1912
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