Berman v. One Forty-Five Belmont Ave. Corp.

There are three claimants to the fund: the complainant, second mortgagee; the National Commercial Title Mortgage Guaranty Company, first mortgagee, and Arthur G. Teweles, the vendor named in a conditional sales contract covering electric refrigerators installed in the mortgaged premises. The last two named were not parties to this cause until the question of distribution arose, when they were admitted so that their claims might be heard.

Shortly after the receiver was appointed, Mr. Teweles petitioned the court to instruct the receiver to permit the removal of the refrigerating equipment or…