Downey v. Charles S. Gove Co.

This is a bill in equity, brought to obtain an injunction to prevent the foreclosure of a mortgage of personal property by a sale in accordance with its terms, and to obtain a decree for the redemption of the mortgage. The plaintiff is the assignee of the mortgaged property under a voluntary conveyance for the benefit of creditors made by the mortgagor and maker of the notes. He contends that the notes and mortgage are void because they were given in payment for intoxicating liquor, the purchase of which was procured by solicitation in *252violation of the R. L. c. 100, § 52, in a city in which…