In re Hurley
District Court, D. Massachusetts
In the matter of bankruptcy proceedings against William Hurley. On petition to review a referee’s ruling that the trustee was entitled to certain' property described in a petition brought by him to recover the same, and directing Louisa A. Marsh in possession to deliver the property to the trustee.
1Opinion of the Court
DODGE, District Judge.
Louisa A. Marsh, who opposes the trustee’s petition, held two mortgages upon the bankrupt’s stock in trade and fixtures, the first dated April 10, 1903, the second dated September 27, 1909. Each mortgage purported to cover not only the bankrupt’s present, but also his after-acquired, stock in trade and fixtures. On January 20, 1910, adjudication was ordered in this case upon the bankrupt’s voluntary petition that day filed.
On January 24, 1910, four days after the bankruptcy, the mortgagee took possession for the first time of the property mortgaged, including that…
2Cases cited8 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
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3Cited by5 opinions
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- In re HoweDistrict Court, D. Massachusetts · 1916
- In re Jules & Frederic Co.District Court, D. Massachusetts · 1911
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- Norton v. J. T. Fargason Co.Supreme Court of Arkansas · 1924