Taber v. Hamlin
Massachusetts Supreme Judicial Court
Bill in equity by the assignees in insolvency of the copartnership of Jenney & Tripp, praying for an account from the respondent of the amount received by him from the sale of one-sixteenth of the whaleship Lydia and its outfits and patchings, and for the payment by him to the complainants of a balance alleged to be due after satisfying all his lawful demands against the insolvent firm. The answer alleged title in the respondent to the said property and its entire proceeds.
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Bill in equity by the assignees in insolvency of the copartnership of Jenney & Tripp, praying for an account from the respondent of the amount received by him from the sale of one-sixteenth of the whaleship Lydia and its outfits and patchings, and for the payment by him to the complainants of a balance alleged to be due after satisfying all his lawful demands against the insolvent firm. The answer alleged title in the respondent to the said property and its entire proceeds. The case was reserved by Gray, J., for determination by the full court, on the bill, answer, and an agreed statement of…
1Opinion of the CourtFoster, J.
A bill of sale of personal property intended by both parties as a security for money lent, and an instrument of defeasance executed as a part of the same transaction, by the terms of which on payment of the note at maturity the bill of sale is to be given up and surrendered, must be construed together. And the two instruments constitute a mortgage, by all the authorities in this Commonwealth. Potter v. Boston Loco *492motive Works, 12 Gray, 154. Carpenter v. Snelling, ante, 452 The successive renewals of the notes secured by mortgage were not a payment of the mortgage debt. It therefore remained…
2Cited by12 opinions
- Williams v. ChadwickSupreme Court of Connecticut · 1901
- In Re SachsCourt of Appeals for the Fourth Circuit · 1929
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Worcester Morris Plan Co. v. MaderMassachusetts Supreme Judicial Court · 1920
- Frankenthal v. MayerAppellate Court of Illinois · 1894
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