Equitable Trust Co. of New York v. Kelsey
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February 23, 1911, by the Equitable Trust Company of New York, a corporation, as trustee under a mortgage made by the Standard Cordage Company, also a New York corporation, to secure its bonds, covering, among other properties, certain parcels of real estate in Boston commonly known as the Sewall and Day mill and the Pearson mill, alleging that the plaintiff in the performance of its duty as such trustee instituted…
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Bill in equity, filed in the Supreme Judicial Court on February 23, 1911, by the Equitable Trust Company of New York, a corporation, as trustee under a mortgage made by the Standard Cordage Company, also a New York corporation, to secure its bonds, covering, among other properties, certain parcels of real estate in Boston commonly known as the Sewall and Day mill and the Pearson mill, alleging that the plaintiff in the performance of its duty as such trustee instituted foreclosure proceedings to sell the real estate at foreclosure sale, that at the time of the filing of the bill such…
1Opinion of the CourtHammond, J.
The tax was assessed to the Standard Cordage Company, hereinafter called the company; and although there was a lien upon the land the primary liability was upon the company. Webber Lumber Co. v. Shaw, 189 Mass. 366. By the terms of the mortgage, as between the company and the plaintiff, it is the duty of the company to pay the tax. The tax collector can collect the tax by proving it as a preferred claim against the fund held by the receiver in this Commonwealth (R. L. c. 150, § 29), or by taking measures to enforce the lien upon the land. He threatens to take the latter course. The plaintiff…
2Cases cited5 opinions
- Orem v. WrightsonCourt of Appeals of Maryland · 1879
- Webber Lumber Co. v. ShawMassachusetts Supreme Judicial Court · 1905
- Farmer v. WardNew Jersey Court of Chancery · 1908
- Eagle Fire Insurance v. PellNew York Court of Chancery · 1835
- Swan v. EmersonMassachusetts Supreme Judicial Court · 1880
3Cited by14 opinions
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Choate v. Assessors of BostonMassachusetts Supreme Judicial Court · 1939
- Hamilton Manufacturing Co. v. City of LowellMassachusetts Supreme Judicial Court · 1931
- Davis v. PullenCourt of Appeals for the First Circuit · 1922
- In Re Boston Harbor Marina Co.United States Bankruptcy Court, D. Massachusetts · 1993
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