McDonald v. Faulkner
Massachusetts Supreme Judicial Court
Trustee process. Certain personal property belonging to the principal defendant, and mortgaged by him to one Seabury to secure three promissory notes, which bore interest at the rate of six per cent per month and were overdue, was attached by the plaintiff in the defendant’s hands, and Seabury was summoned as trustee.
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Trustee process. Certain personal property belonging to the principal defendant, and mortgaged by him to one Seabury to secure three promissory notes, which bore interest at the rate of six per cent per month and were overdue, was attached by the plaintiff in the defendant’s hands, and Seabury was summoned as trustee. In the Superior Court, at the hearing upon a motion filed by the trustee, Brigham, C. J. refused to rule as requested by the plaintiff; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
In this case an attachment was made of personal property, and the mortgagee was summoned as trustee under the Pub. Sts. c. 161, § 79. Subsequently, on application by the plaintiff, the attaching officer, purporting to act under the Pub. Sts. c. 161, § 90 et seq., sold the attached property. The net proceeds of the sale were forty-four dollars and ninety-nine cents. The trustee, as appears by his answers to the plaintiff’s inter*35rogatories, was the holder of three mortgages on the attached property, amounting to three hundred and eight dollars and interest, or much more than the proceeds of the…
2Cases cited5 opinions
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Lamprey v. MasonMassachusetts Supreme Judicial Court · 1889
- Wright v. DresselMassachusetts Supreme Judicial Court · 1885
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
- Jackson v. ColcordMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Kendall v. Equitable Life Assurance SocietyMassachusetts Supreme Judicial Court · 1898
- O'Neill v. SmallMassachusetts Supreme Judicial Court · 1929
- Fletcher v. WrightonMassachusetts Supreme Judicial Court · 1904
- Rund v. BlattMassachusetts Supreme Judicial Court · 1898
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