Williams v. Old Colony Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 27, 1915, by the receiver of the property of the Lenox Hotel Company, a corporation organized under the laws of this Commonwealth, against the Old Colony Trust Company, the American Trust Company, Frederick Ayer of Lowell and certain other individual defendants, containing the allegations set forth or described in the opinion, and praying that the plaintiff be declared to be the owner of the first mortgage…
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Bill in equity, filed in the Supreme Judicial Court on January 27, 1915, by the receiver of the property of the Lenox Hotel Company, a corporation organized under the laws of this Commonwealth, against the Old Colony Trust Company, the American Trust Company, Frederick Ayer of Lowell and certain other individual defendants, containing the allegations set forth or described in the opinion, and praying that the plaintiff be declared to be the owner of the first mortgage coupons held by the defendant the American Trust Company to secure the $27,000 of second mortgage notes taken up by the…
1Opinion of the CourtBraley, J.
The decree sustaining the demurrers and dismissing the bill should be affirmed with costs. The plaintiff as receiver, no fraud on the part of the defendant being alleged, has no greater rights to the property in litigation than the Lenox Hotel Company had, a domestic corporation whose assets he has been appointed to collect. Stone v. Old Colony Street Railway, 212 Mass. 459, 462.
The corporation was organized to carry on the business of an hotel, and for this purpose acquired valuable real property which at the date of purchase was subject to a first mortgage given to the defendant, the Old…
2Cases cited5 opinions
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Wall v. MasonMassachusetts Supreme Judicial Court · 1869
- Pearmain v. Massachusetts Hospital Life InsuranceMassachusetts Supreme Judicial Court · 1910
- Taylor v. WilcoxMassachusetts Supreme Judicial Court · 1897
3Cited by1 opinion
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947