Hannigan v. Guerriero

The defendant, in November 1934 and again in December 1934, gave to the trustee mortgages on certain chattels. Both mortgáges were recorded on July 25, 1935. They provided that the mortgagor might retain possession until default, but that upon default the mortgagee might take possession and foreclose by sale. The mortgagee took possession under the earlier mortgage, and in January 1936 sold the goods to itself under the power. This trustee process was served on the trustee on November 23, 1935 at which time some of the goods were in the mortgagee’s possession.

Gen. Laws, (Ter. Ed.) Ch. 255,…