Gardiner v. Parsons
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on September 13,1915, by Robert H. Gardiner of Gardiner in the State of Maine, as the trustee under a declaration of trust of the Perry Real Estate Trust, against Birney C. Parsons, as assignee for the benefit of creditors of the Lewis F. Perry and Whitney Company, a corporation, and the Lewis F. Perry and Whitney Company, setting forth the facts that are stated in the opinion and praying the ascertainment and enforcement…
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on September 13,1915, by Robert H. Gardiner of Gardiner in the State of Maine, as the trustee under a declaration of trust of the Perry Real Estate Trust, against Birney C. Parsons, as assignee for the benefit of creditors of the Lewis F. Perry and Whitney Company, a corporation, and the Lewis F. Perry and Whitney Company, setting forth the facts that are stated in the opinion and praying the ascertainment and enforcement of the plaintiff’s rights under certain leases and for an accounting. The case was heard by Pierce, J., who made' the…
1Opinion of the CourtBrale'y, J.
By the terms of the common law assignment of the defendant lessee made for the benefit of creditors to which the plaintiff lessor seasonably became a party, “all claims are to be made up as if due on the date of these presents, adding or deducting interest as the case may be; provided, however, that in case the property hereby conveyed shall be sufficient therefor, then and in that case interest will be allowed on all claims to the time of making up the final dividend, at the rate provided in each account or obligation,” and “The individuals, firms, and corporations, creditors of the party of…
2Cases cited16 opinions
- Chemical National Bank v. Hartford Deposit Co.Supreme Court of the United States · 1896
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Stone v. St. Louis Stamping Co.Massachusetts Supreme Judicial Court · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Zevitas v. AdamsMassachusetts Supreme Judicial Court · 1931
- Ghoti Estates, Inc. v. Freda's Capri Restaurant, Inc.Massachusetts Supreme Judicial Court · 1954
- 275 Washington Street Corp. v. Hudson River International, LLCMassachusetts Supreme Judicial Court · 2013
- Cooper v. Casco Mercantile Trust Co.Supreme Judicial Court of Maine · 1936
- Priestley v. Sharaf's, Inc.Massachusetts Appeals Court · 1976
5 more not listed; retrieve them via the Exa API.