Peoples National Bank v. Mulholland
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 4, 1913, to enforce an alleged trust in certain hides and the proceeds thereof named in a trust receipt dated March 22, 1910, and signed “E. F. Mulholland Co.” After the entry of the rescript issued in pursuance of the decision reported in 224 Mass. 448, an interlocutory decree was made by Lawton, J., recommitting the case to the master for the purposes stated in the opinion.
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Bill in equity, filed in the Superior Court on February 4, 1913, to enforce an alleged trust in certain hides and the proceeds thereof named in a trust receipt dated March 22, 1910, and signed “E. F. Mulholland Co.” After the entry of the rescript issued in pursuance of the decision reported in 224 Mass. 448, an interlocutory decree was made by Lawton, J., recommitting the case to the master for the purposes stated in the opinion. The master filed a supplemental report, to which no objections or exceptions were filed, and thereafter by order of Wait, J., after a hearing of the parties, a…
1Opinion of the CourtRugg, C. J.
It was decided when this case was here at an earlier stage, as reported in 224 Mass. 448, that there was no finding by the master warranting an inference that the plaintiff purchased the hides from the foreign seller, Kaufman, on behalf of E. F. Mulholland and Company, hereafter called the firm, now represented by the defendants, and that it took title to itself as security for its advances in making such purchase and received the bill of lading and draft as agent for Kaufman, the original seller. Thereafter, the case was recommitted by the Superior Court to the master for determination of…
2Cases cited18 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Peters v. BainSupreme Court of the United States · 1890
- Hart v. EyckNew York Court of Chancery · 1816
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
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- Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
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