Cook v. Farrington
Massachusetts Supreme Judicial Court
Replevin of household furniture. Writ dated December 18 1868. At the trial in the superior court, before Lord, J., the following facts appeared: Charles H. Watriss, the owner of the furniture, mortgaged it in November 1866 to Joseph Willard, under whom the defendant justified ; in December 1866 mortgaged it to the plaintiff, expressly subject to Willard’s mortgage; and on February 28 1868, filed his petition in bankruptcy.
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Replevin of household furniture. Writ dated December 18 1868. At the trial in the superior court, before Lord, J., the following facts appeared: Charles H. Watriss, the owner of the furniture, mortgaged it in November 1866 to Joseph Willard, under whom the defendant justified ; in December 1866 mortgaged it to the plaintiff, expressly subject to Willard’s mortgage; and on February 28 1868, filed his petition in bankruptcy. On April 6, 1868, Willard proved his debt in full as a general creditor, setting forth that he held no security from the bankrupt. No assets were ever received in the…
1Opinion of the CourtWells, J.
The plaintiff is second mortgagee, and Willard, the defendant’s principal, is first mortgagee of the same personal property. Willard proved his debt against the estate of the mortgagor in bankruptcy, without reference to his mortgage. The plaintiff" contends that this discharged Willard’s mortgage, so that he cannot now set it up against the plaintiff", seeking to enforce his subsequent mortgage.
By § 20 of the bankrupt act, U. S. St. of 1867, e. 176, it is provided that a creditor, holding security upon property of a bankrupt, “ may release or convey his claim to the assignee upon such…
2Cited by8 opinions
- Champion v. BuckinghamMassachusetts Supreme Judicial Court · 1896
- Flint v. ChaloupkaNebraska Supreme Court · 1907
- Ormsby v. DearbornMassachusetts Supreme Judicial Court · 1874
- McCarty v. LightAppellate Division of the Supreme Court of the State of New York · 1913
- Nichols v. SmithMassachusetts Supreme Judicial Court · 1887
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