Trustees of Smith Charities v. Connolly
Massachusetts Supreme Judicial Court
Writ of entry, to foreclose a mortgage of land in Northampton, described as follows: “ A certain tract of land bounded northerly by land now or formerly of Charles Dayton and land now or formerly of Justin Thayer’s estate; easterly in part by land formerly of Charles Delano and in part by land of the Connecticut River Railroad Company; southerly by land now or late of the heirs of Dennis Ryan; westerly partly by King Street and partly by land of said Connecticut River…
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Writ of entry, to foreclose a mortgage of land in Northampton, described as follows: “ A certain tract of land bounded northerly by land now or formerly of Charles Dayton and land now or formerly of Justin Thayer’s estate; easterly in part by land formerly of Charles Delano and in part by land of the Connecticut River Railroad Company; southerly by land now or late of the heirs of Dennis Ryan; westerly partly by King Street and partly by land of said Connecticut River Railroad Company.” Plea, nul disseisin. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of…
1Opinion of the CourtMorton, J.
1. It appears from the exceptions that the president of the plaintiff corporation directed this suit to be brought, and that he was the general manager and chief executive officer of the corporation, the business of which was *276principally to keep the fund invested in mortgages and other securities. It is clear that the tenant’s request for a ruling that the president was not authorized to bring the suit, and that the action could not therefore be maintained, was rightly denied. Bristol County Savings Bank v. Keavy, 128 Mass. 298.
2. There is nothing in the statutes relating to the foreclosure…
2Cases cited4 opinions
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- Bristol County Savings Bank v. KeavyMassachusetts Supreme Judicial Court · 1880
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
- Burtis v. BradfordMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
- Kelly v. Citizens Finance Co. of Lowell, Inc.Massachusetts Supreme Judicial Court · 1940
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1937
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Corey v. Independent Ice Co.Massachusetts Supreme Judicial Court · 1917
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