Duffy v. Charak
Court of Appeals for the First Circuit
Appeal from and Petition to Revise Proceedings of the District Court of the United States for the District of Massachusetts; Frederic Dodge, Judge. In the matter of the Jules & Frederic Company, bankrupt. From an order of the District Court (193 Fed. 533), James H. Duffy appeals and petitions to revise the same.
1Opinion of the Court
COLT, Circuit Judge.
We do not think it necessary to add anything in this case to the exhaustive opinion of the court below, which is reported,-under the title of In re Jules & Frederic Co., in 193 Fed. 533.
[1] It is stipulated by counsel that the findings of fact disclosed in that opinion shall be accepted on this appeal. Assuming, therefore, the truth of these findings, we fully concur in the conclusion of the District Court that the mortgaged property was never “delivered to and retained by the mortgagee,” as provided by Revised Laws Mass, c. 198, § 1. To hold that the possession of Miss…
2Cases cited2 opinions
- Dempsey v. GardnerMassachusetts Supreme Judicial Court · 1879
- In re Jules & Frederic Co.District Court, D. Massachusetts · 1911
3Cited by1 opinion
- Duffy v. CharakSupreme Court of the United States · 1915