Legal Opinion

Murphy v. Moore

Massachusetts Supreme Judicial Court

Decided December 4, 1917PublishedCited by 11 opinions

Bill in equity, filed in the Superior Court on July 7, 1915, seeking an order for the discharge of a mortgage on the stock in trade and fixtures of a bar room at 166 and 168 Coffin Avenue in New Bedford. The defendants filed an answer and a cross bill as described in the opinion. The case was referred to a master who filed a report containing the findings of fact that are stated in the opinion.

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Bill in equity, filed in the Superior Court on July 7, 1915, seeking an order for the discharge of a mortgage on the stock in trade and fixtures of a bar room at 166 and 168 Coffin Avenue in New Bedford. The defendants filed an answer and a cross bill as described in the opinion. The case was referred to a master who filed a report containing the findings of fact that are stated in the opinion. The facts in regard to the defendants’ objections to the report, which are stated in the opinion, appeared in a certificate made by the master. The case was heard upon the master’s report by Raymond,…

1Opinion of the CourtCarroll, J.

The plaintiff, in April, 1906, mortgaged for the sum of. $5,000 certain personal property to James F. Moore. Moore died intestate December 27, 1908, and his widow Margaret J. Moore, the administratrix of his estate, is one of the defendants *567in this suit; the other defendant, Bertha L. Moore, is his daughter. The plaintiff brings this bill for the discharge of the mortgage, contending that it was given to James F. Moore to secure his indorsement and that of Mrs. Moore on the plaintiff’s promissory notes amounting to $1,400, which notes have now been paid. The defendants contend that the…

2Cases cited8 opinions

  1. Lufkin v. JakemanMassachusetts Supreme Judicial Court · 1905
  2. O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
  3. Ball v. AllenMassachusetts Supreme Judicial Court · 1914
  4. Downey v. Charles S. Gove Co.Massachusetts Supreme Judicial Court · 1909
  5. Smedley v. JohnsonMassachusetts Supreme Judicial Court · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
  2. Wantulok v. WantulokWyoming Supreme Court · 1950
  3. Murphy v. McKenzieMassachusetts Appeals Court · 1973
  4. Arnold v. MaxwellMassachusetts Supreme Judicial Court · 1918
  5. Magee v. MageeMassachusetts Supreme Judicial Court · 1919

6 more not listed; retrieve them via the Exa API.

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