Goulding v. Hair
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendant to the plaintiff’s use. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement 'of facts, in.substance as follows: On June 12, 1880, Robert P. Jordan of Worcester made a mortgage of his stock in trade and the fixtures of his shop to the plaintiffs, to secure the payment of his promissory note for $315, which mortgage was duly recorded.
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Contract for money had and received by the defendant to the plaintiff’s use. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement 'of facts, in.substance as follows: On June 12, 1880, Robert P. Jordan of Worcester made a mortgage of his stock in trade and the fixtures of his shop to the plaintiffs, to secure the payment of his promissory note for $315, which mortgage was duly recorded. Subsequently, and while Jordan was in possession of said stock in trade and fixtures, and the plaintiffs held the mortgage,…
1Opinion of the CourtMorton, C. J.
The statutes provide two modes in which a creditor of a mortgagor may make an attachment of mortgaged personal property. He may attach it in the usual form, as if it were unincumbered, provided that he pays to the mortgagee the amount for which it is liable, within ten days after due demand is made upon him. Or, when the property is in the possession of the mortgagor, he may attach it as if it were unincumbered, and summon the mortgagee as trustee in the same action. Gen. Sts. c. 123, §§ 62-71. Pub. Sts. c. 161, §§ 74-83.
If the last-named course is adopted by the creditor, the mortgagee is…
2Cases cited2 opinions
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- Flanagan v. CutlerMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Emery v. SeaveyMassachusetts Supreme Judicial Court · 1889
- O'Neill v. SmallMassachusetts Supreme Judicial Court · 1929
- Simmons v. WoodsMassachusetts Supreme Judicial Court · 1887
- Banca Italiana Di Sconto v. Columbia Counter Co.Massachusetts Supreme Judicial Court · 1926
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