Labbe v. Hadfield
Massachusetts Supreme Judicial Court
Bill in equity by a mortgagee of personal property against the messenger and the assignee in insolvency of the estate of one Hormidas Le Blanc, to enforce the payment of the mortgage debt out of the proceeds of a sale of the mortgaged property in the hands of the assignee, filed April 27 and amended December 7,1898. The case is stated by the court.
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Bill in equity by a mortgagee of personal property against the messenger and the assignee in insolvency of the estate of one Hormidas Le Blanc, to enforce the payment of the mortgage debt out of the proceeds of a sale of the mortgaged property in the hands of the assignee, filed April 27 and amended December 7,1898. The case is stated by the court. The plaintiff’s consent in writing to the sale of the mortgaged property by the messenger was as follows: “I, Joseph A. Labbe of Fall River, County of Bristol and Commonwealth of Massachusetts, hereby consent to the sale of stock of goods, notions,…
1Opinion of the CourtMorton, J.
The plaintiff held a duly recorded mortgage for $650, dated December 15, 1896, on the stock in trade and on other personal property of one Le Blanc. In December, 1897, Le Blanc was adjudged insolvent, and the defendant Hadfield was appointed messenger and took possession of the estate of the insolvent, mortgaged as well as unmortgaged. The estate consisted of personal property only. The defendant Phillips was subsequently appointed assignee. Upon the petition of the creditors of Le Blanc the messenger was authorized to sell the property at private sale and did so. The sale included mortgaged…
2Cases cited4 opinions
- Wilkinson v. StittMassachusetts Supreme Judicial Court · 1900
- Taft v. StowMassachusetts Supreme Judicial Court · 1899
- Raphael v. MullenMassachusetts Supreme Judicial Court · 1898
- Portland Steamship Co. v. DanaMassachusetts Supreme Judicial Court · 1899