Henry Waterhouse Trust Co. v. King

The respondents petition for a rehearing, upon two grounds. The first is that “the majority of the court in its decision erroneously assumed that there was only one creditor of the trustee, the court saying, ‘at least when there are no other creditors a single creditor can maintain a suit in equity to reach equitable assets of his debtor which cannot be reached on execution in an action at law.’ ” The whole question as to what were the allegations of the bill on the subject of whether there was only one creditor or more than one, whether the suit could be maintained by a single creditor and…