Legal Opinion

Bachrach v. Commissioner of Banks

Massachusetts Supreme Judicial Court

Decided June 29, 1921PublishedCited by 31 opinions

Bill in equity, filed in the Supreme Judicial Court on April 6, 1921, and afterwards amended, by a debtor to and creditor of the Tremont Trust Company in Boston against the commissioner of banks of the Commonwealth in possession of the said trust company, to compel him to apply a deposit made by the plaintiff in the savings department of the trust company to the satisfaction of a mortgage note, made by a corporation, of which the plaintiff was the treasurer and owner of all…

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Bill in equity, filed in the Supreme Judicial Court on April 6, 1921, and afterwards amended, by a debtor to and creditor of the Tremont Trust Company in Boston against the commissioner of banks of the Commonwealth in possession of the said trust company, to compel him to apply a deposit made by the plaintiff in the savings department of the trust company to the satisfaction of a mortgage note, made by a corporation, of which the plaintiff was the treasurer and owner of all the shares, and indorsed' by the plaintiff, and thereupon to cancel and discharge the note and mortgage secured thereby.…

1Opinion of the CourtDe Courcy, J.

The defendant, commissioner of banks of the Commonwealth, on February 17, 1921, took possession of the property and business of the Tremont Trust Company under St. 1910, c. 399, as amended (now G. L. c. 167, §§ 22, 36), and has since retained such possession. Among the assets of its savings department, and held as an investment of the deposits therein, was a note of the Bachrach Lumber Company for $4,000 secured by a first mortgage of its real estate. The note was dated November 15, 1917, payable in two years, and interest thereon had been paid in advance to May 15, 1921. Among the…

2Cases cited11 opinions

  1. Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
  2. Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
  3. Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
  4. National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
  5. Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912

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

3Cited by31 opinions

  1. Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
  2. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
  3. Forastiere v. Springfield Institution For SavingsMassachusetts Supreme Judicial Court · 1939
  4. Rossi Bros. v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1933
  5. Cosmopolitan Trust Co. v. Suffolk Knitting MillsMassachusetts Supreme Judicial Court · 1924

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

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