Spencer Others v. Pierce Others
Supreme Court of Rhode Island
Exceptions to a master’s Report. The bill was a bill to redeem, filed by the plaintiffs as assignees of Edward P. Patterson, a calico printer, under a general assignment made by him for the benefit of his creditors, against John B. Pierce, as a mortgagee in trust, for the security of certain creditors, made also parties defendant to the bill, under a mortgage of personal property, principally consisting of printing machinery, apparatus, and tools, executed several months…
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Exceptions to a master’s Report. The bill was a bill to redeem, filed by the plaintiffs as assignees of Edward P. Patterson, a calico printer, under a general assignment made by him for the benefit of his creditors, against John B. Pierce, as a mortgagee in trust, for the security of certain creditors, made also parties defendant to the bill, under a mortgage of personal property, principally consisting of printing machinery, apparatus, and tools, executed several months prior to the assignment. Upon the coming in of the answers admitting the right of the plaintiffs to redeem, the case was…
1Opinion of the CourtAmes, C. J.
The first class of exceptions, to which we direct our attention, consists of those made, on both sides, to the allowances and disallowances by the master of the items of the claim of Benjamin Cozzens, the largest claim preferred against the mortgaged estate. This claim, in great part, arises out of a sealed contract, entered into between Cozzens and Patterson on the 4th day of February, 1856, determinable by either party upon three months notice, by which Cozzens covenanted to aid Patterson in getting up the styles of prints to be printed at the works of the latter, superintending that branch…
2Cases cited1 opinion
- Murphy's AppealSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- Westminster Construction Corp. v. PPG Industries, Inc.Supreme Court of Rhode Island · 1977
- George W. Smith & Son, Inc. v. CiminiSupreme Court of Rhode Island · 1997
- Cardoso v. Mendes, 94-6214 (1999)Superior Court of Rhode Island · 1999
- O'BRIEN v. SlefkinSupreme Court of Rhode Island · 1958