Porter v. Kingman
Massachusetts Supreme Judicial Court
Bill in equity, filed July 17,1878, alleging that on July lb, 1871, Lewis Porter and George Southworth executed and délivered to the North Bridgewater Savings Bank their promissory note for $7,445.56, secured by a mortgage of land in Brockton; that in 1875 Porter and Southworth were adjudged bankrupts, and in the same year their assignees conveyed the land to a third person, who conveyed it to the plaintiff; that the mortgage to the bank was given without consideration and…
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Bill in equity, filed July 17,1878, alleging that on July lb, 1871, Lewis Porter and George Southworth executed and délivered to the North Bridgewater Savings Bank their promissory note for $7,445.56, secured by a mortgage of land in Brockton; that in 1875 Porter and Southworth were adjudged bankrupts, and in the same year their assignees conveyed the land to a third person, who conveyed it to the plaintiff; that the mortgage to the bank was given without consideration and under a mistake of fact, and was procured through the false and fraudulent representations of the treasurer of the bank;…
1Opinion of the CourtSoule, J.
If we assume that the allegations of the bill make *142a case for relief in equity, the question remains whether the plaintiff can maintain this bill, or must pursue her remedy by petition in the suit in which the defendants were appointed receivers of the property of the corporation, which is named as payee of the note and grantee in the mortgage. On the face of the papers, the corporation had a legal title to both instruments, and it was the duty of the defendants, under the order appointing them, to take possession of both. If the plaintiff has any equitable ground for insisting that the…
2Cases cited4 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Noe v. GibsonNew York Court of Chancery · 1839
- Hills v. ParkerMassachusetts Supreme Judicial Court · 1873
- Columbian Book Co. v. De GolyerMassachusetts Supreme Judicial Court · 1874
3Cited by14 opinions
- Odell v. H. Batterman Co.Court of Appeals for the Second Circuit · 1915
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- De Forrest v. CoffeyCalifornia Supreme Court · 1908
- Hitz v. JenksSupreme Court of the United States · 1902
- City Bank of Wheeling v. BryanWest Virginia Supreme Court · 1915
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