Magnifico v. Nicholson

This action by a mortgagee against an attaching officer for the conversion of mortgaged personal property was referred to an auditor whose findings of fact were to be final. He found that the debtor, on April 8, 1926, gave to this plaintiff a demand note for $5,000, and, as security, a mortgage which was also to cover after acquired property, upon the stock of goods and the fixtures in a store in North Adams. The debtor, at the time, was pressed by creditors. He had borrowed from the plaintiff and one Vigna. The auditor could not determine the exact amount received from them, but it did not…