162 Mass. 294 | Mass. | 1894
This bill is brought to compel the payment of part of a subscription for stock in the company of which the
We may add, that, as we understand the bill, the claims turned over were valid claims against the partnership which the corporation succeeded, and they were worthless only in the sense that the partnership was insolvent, and that the whole transaction by which the corporation assumed its assets and liabilities was a fraud. But the bill does not attempt to undo that transaction, and it is hard to see how the plaintiff can repudiate the satisfaction accepted from the defendant’s intestate without returning what the corporation received. ■ However, as the bill goes on the footing of such a repudiation, there is no jurisdiction on the ground of an account, to be taken of the sums, if any, properly to be allowed the defendant for the notes and claims transferred by his intestate.
Bill dismissed.