Clark v. Story
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on June 15,1908, and amended on October 18, 1909, by the trustee in bankruptcy of John Gleason, Jr., to redeem two schooners, named respectively the Mary A. Gleason and the Agnes V. Gleason, from mortgages made by the bankrupt, and for an accounting. The case was referred to Alfred W. Putnam, Esquire, as master.
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Bill in equity, filed in the Supreme Judicial Court on June 15,1908, and amended on October 18, 1909, by the trustee in bankruptcy of John Gleason, Jr., to redeem two schooners, named respectively the Mary A. Gleason and the Agnes V. Gleason, from mortgages made by the bankrupt, and for an accounting. The case was referred to Alfred W. Putnam, Esquire, as master. After the filing of his reports, the second being upon a recommital, the case was heard by Rugg, J. He found that there had been a valid foreclosure of the mortgage upon the Mary A. Gleason and that the plaintiff had no right to…
1Opinion of the CourtSheldon, J.
The questions now raised relate only to the schooner Agnes V. Gleason and to the mortgage upon her.
1. The attempted foreclosure having been avoided as fraudulent, the defendants must be treated as assignees of the mortgage. Having been in possession and control of the vessel, they must be charged with the net amounts which they have received as her earnings, or which by the exercise of due diligence they ought to have received. White v. Brown, 2 Cush. 412. Mills v. Day, 206 Mass. 530. They have been charged only with what they actually received. Of this they have no right to complain.
2. They…
2Cases cited4 opinions
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1870
- Mayhew v. Martha's Vineyard National BankMassachusetts Supreme Judicial Court · 1909
- Mills v. DayMassachusetts Supreme Judicial Court · 1910
- Waterman v. CurtisSupreme Court of Connecticut · 1857
3Cited by5 opinions
- Webster v. KellyMassachusetts Supreme Judicial Court · 1931
- Brackett v. FullerMassachusetts Supreme Judicial Court · 1932
- Dobias v. FaldynMassachusetts Supreme Judicial Court · 1931
- Barry v. DowMassachusetts Supreme Judicial Court · 1922
- O'Brien v. McGeoughMassachusetts Supreme Judicial Court · 1915