Sherman v. Fitch
Massachusetts Supreme Judicial Court
Bill in equity filed by the assignees of the Northampton Street Sugar Refinery, an insolvent corporation, praying for a decree that a recorded mortgage of personal property held forth by the respondent as having been made to him by the corpora tion, might be declared void as having been made in violation of the insolvent law and as not being the deed of the corporation but of its president personally; and alleging that the respondent neglected to do anything under or by…
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Bill in equity filed by the assignees of the Northampton Street Sugar Refinery, an insolvent corporation, praying for a decree that a recorded mortgage of personal property held forth by the respondent as having been made to him by the corpora tion, might be declared void as having been made in violation of the insolvent law and as not being the deed of the corporation but of its president personally; and alleging that the respondent neglected to do anything under or by virtue of the mortgage for breach of condition or otherwise, and that a sale of the property by the assignees while the…
1Opinion of the CourtHoar, J.
The case presented upon the demurrer is this. The complainants are the assignees of an insolvent corporation. The defendant holds an instrument purporting to be a mortgage of the personal property of the corporation, the validity of which is denied by the assignees, who desire to sell the property free from the incumbrance. The defendant has not taken possession, or in any way intermeddled with it, and the complainants seek by a bill in equity to obtain a decree that the mortgage be given up and cancelled. The ground of the demurrer is, that there is a plain, adequate and complete remedy at…
2Cases cited3 opinions
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Wood's Administrator v. Wood's DeviseesCourt of Appeals of Kentucky · 1859
3Cited by86 opinions
- Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Johnson v. WitkowskiMassachusetts Appeals Court · 1991
- Hurley v. OrnsteenMassachusetts Supreme Judicial Court · 1942
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
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