Holden v. Phelps
Massachusetts Supreme Judicial Court
Bill in equity, filed October 16, 1880, by the receivers of the Reading Savings Bank, to restrain the defendants from enforcing the power of sale in a mortgage assigned to them by Nathan P. Pratt, the treasurer of said bank; and to compel them to surrender and cancel the assignment. Hearing before Meld, J., who reserved the case for the consideration of the full court; such decree to be entered as justice might require. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The questions of the authority which the treasurer of the Reading Savings Bank possessed by virtue of his office, and that which he had under the by-laws of this institution, have heretofore been fully considered. He had no right to make the assignment of the note and mortgage sought by the plaintiffs, either by virtue of his general powers and duties, or under the by-laws, or by the authority, of any recorded vote of the bank. Commonwealth v. Reading Savings Bank, 133 Mass. 16. Holden v. Upton, 134 Mass. 177. Holden v. Hoyt, 134 Mass. 181.
The only fact which can bear upon this inquiry, not…
2Cases cited5 opinions
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Holden v. HoytMassachusetts Supreme Judicial Court · 1883
- Railroad National Bank v. City of LowellMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1882
- Holden v. UptonMassachusetts Supreme Judicial Court · 1883
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