Phenix Bank in Connecticut v. Sullivan

Massachusetts Supreme Judicial Court

Phenix Bank in Connecticut v. Sullivan

26 Mass. 410

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1830

StatusPublished

This text of 26 Mass. 410 (Phenix Bank in Connecticut v. Sullivan) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phenix Bank in Connecticut v. Sullivan, 26 Mass. 410 (Mass. 1830).

Pincite

Opinion

Per Curiam,.

We are of opinion that the plaintiffs have no right to become parties to the indenture, the six months having expired before they made application for that purpose. The property is assigned, through the trustees, to the creditors who executed the instrument seasonably. Public notice was given, so that all the creditors might have an opportunity of sharing in [419]*419the trust fund. The plaintiffs had an agent in Boston who had control of this particular demand, and they must have had notice of the assignment.¹

Bill dismissed.

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Per Curiam,.

We are of opinion that the plaintiffs have no right to become parties to the indenture, the six months having expired before they made application for that purpose. The property is assigned, through the trustees, to the creditors who executed the instrument seasonably. Public notice was given, so that all the creditors might have an opportunity of sharing in [419]*419the trust fund. The plaintiffs had an agent in Boston who had control of this particular demand, and they must have had notice of the assignment.¹

Bill dismissed.

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Bluebook (online)

26 Mass. 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phenix-bank-in-connecticut-v-sullivan-mass-1830.

Opinion

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