In re F. A. Whitney Carriage Co.

SWEENEY, Chief Judge.

This bankruptcy case comes before me on the certificate of the Referee calling for a review of his decision.

The real question presented is whether a Trustee in Bankruptcy can defeat the right of a mortgagee to recover under his mortgage merely because of failure to comply with the Massachusetts General Laws (Ter.Ed.), Chapter 63, Section 76. The other subsidiary questions are whether or not interest, if allowed, should be limited to the 6% provided under the General Laws, (Ter.Ed.) Chapter 107, Section 3, and whether or not the mortgagee is entitled to be reimbursed for…