Flanagan v. Cutler
Massachusetts Supreme Judicial Court
Tort, by a mortgagee of personal property, against a deputy sheriff, who attached and sold the same on execution as the property of the mortgagor, in two actions in which the mortgagee had been summoned as trustee. At the trial in the Superior Court, before Allen, J., the jury returned a verdict for the plaintiff and the defendant alleged exceptions, the substance of which is stated in the opinion.
1Opinion of the CourtEndicott, J.
In the original actions against T. J. Flanagan, personal property in his possession was attached, which was subject to a mortgage held by this plaintiff, and she was duly summoned as trustee under the Gen. Sts. c. 123, §§ 67-71. Kent v. Lee, 9 Gray, 45. It appears in the bill of exceptions that she knew the property was attached, and that she was summoned as trustee because she held the mortgage. She gave her papers to T. J. Flanagan, to act in her behalf, but no appearance was entered or answer filed for her, and she was defaulted. Execution having issued against T. J. Flanagan in these…
2Cases cited1 opinion
- Furber v. DearbornMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Goulding v. HairMassachusetts Supreme Judicial Court · 1882
- Emery v. SeaveyMassachusetts Supreme Judicial Court · 1889
- Simmons v. WoodsMassachusetts Supreme Judicial Court · 1887
- Springfield Acceptance Co. v. LarounisMassachusetts Supreme Judicial Court · 1940
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