Legal Opinion

Clarke v. Stanwood

Massachusetts Supreme Judicial Court

Decided June 16, 1896PublishedCited by 6 opinions

Bill in equity, filed December 14, 1894, under Pub. Sts. c. 157, § 15, against Daniel C. Stanwood and Arthur Gr. Stan-wood, and others, as to whom the bill was taken for confessed, to expunge the proof of certain claims against the estate in insolvency of Daniel 0. Stanwood, and for other relief. The defendants Stanwood demurred to the bill. The demurrers were sustained, and the bill dismissed with costs; and the plaintiff appealed to this court.

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Bill in equity, filed December 14, 1894, under Pub. Sts. c. 157, § 15, against Daniel C. Stanwood and Arthur Gr. Stan-wood, and others, as to whom the bill was taken for confessed, to expunge the proof of certain claims against the estate in insolvency of Daniel 0. Stanwood, and for other relief. The defendants Stanwood demurred to the bill. The demurrers were sustained, and the bill dismissed with costs; and the plaintiff appealed to this court. The facts appear in the opinion.

1Opinion of the CourtMorton, J.

This is an application to the supervisory jurisdiction of this court, under Pub. Sts. c. 157, § 15. There were demurrers by the two Stan woods, which were sustained, and the *380bill dismissed as to them, with costs, and a decree pro confessa against the other defendants.

It appears that the defendant Daniel C. Stanwood was adjudged insolvent on his own petition, and a warrant was duly-issued against his estate. He was a member of the firm of Bates, Stanwood, and Andrews, which was never declared insolvent, and neither of the other partners was insolvent, or was declared to be so. No reference was…

2Cases cited16 opinions

  1. Norris v. DoniphanCourt of Appeals of Kentucky · 1863
  2. Harrison v. SterrySupreme Court of the United States · 1809
  3. Eustis v. BollesMassachusetts Supreme Judicial Court · 1888
  4. Poillon v. . LawrenceNew York Court of Appeals · 1879
  5. Pelletier v. CoutureMassachusetts Supreme Judicial Court · 1889

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3Cited by6 opinions

  1. Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
  2. Commonwealth v. CrosscupMassachusetts Supreme Judicial Court · 1975
  3. Kidd v. Puritana Cereal Food Co.Missouri Court of Appeals · 1909
  4. Very v. ClarkeMassachusetts Supreme Judicial Court · 1900
  5. In re BeckDistrict Court, D. Massachusetts · 1901

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