Colby v. Bissell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, as amended, on December 19, 1906, by Benjamin F. Colby and William H. Griffith to restrain the defendants from taking possession of certain personal property under an instrument purporting to be a mortgage and alleged by the plaintiffs to be invalid. In the Superior Court the case was heard by Richardson, J. The facts are stated briefly in the opinion.
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Bill in equity, filed in the Superior Court, as amended, on December 19, 1906, by Benjamin F. Colby and William H. Griffith to restrain the defendants from taking possession of certain personal property under an instrument purporting to be a mortgage and alleged by the plaintiffs to be invalid. In the Superior Court the case was heard by Richardson, J. The facts are stated briefly in the opinion. The partnership of the plaintiffs was formed on or about July 27, 1906. The mortgage was made by them on or about August 10,1906, and bore that date. The following memorandum of findings of fact was…
1Opinion of the CourtBraley, J.
It is the object of R. L. c. 102, §§ 51-55, whatever paper form the transaction may assume, to protect borrowers of money, where the amount is less than $1,000, from the payment in any event of interest in excess of eighteen per cent. But, if security is given by the mortgaging of household furniture, § 53 declares, that the mortgage shall be invalid unless it sets forth the actual transaction with substantial accuracy. If there is more than one owner, no distinction is recognized in the statute as to the nature of the title of the mortgagors, which may be either joint or several. This…
2Cases cited4 opinions
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Day v. City of LawrenceMassachusetts Supreme Judicial Court · 1897
- Glidden v. NasonMassachusetts Supreme Judicial Court · 1904
3Cited by1 opinion
- ROCKLAND-ATLAS NATIONAL BANK v. MurphyMassachusetts Supreme Judicial Court · 1953