Legal Opinion

Frederick v. Letteney

Massachusetts Supreme Judicial Court

Decided February 26, 1913PublishedCited by 3 opinions

Bill in equity, filed in the Superior Court on February 9, 1912, by the receiver of the C. F. Letteney Company, a corporation, seeking to set aside a certain mortgage purporting to have been given by that corporation to the defendant to secure a debt of $3,900, which was alleged to have been procured by the defendant for the purpose of obtaining a preference over other creditors of the corporation and also to be void because executed without authority.

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Bill in equity, filed in the Superior Court on February 9, 1912, by the receiver of the C. F. Letteney Company, a corporation, seeking to set aside a certain mortgage purporting to have been given by that corporation to the defendant to secure a debt of $3,900, which was alleged to have been procured by the defendant for the purpose of obtaining a preference over other creditors of the corporation and also to be void because executed without authority. The case was heard by Hardy, J., who made a memorandum of findings, including the finding which is quoted in the opinion. He ordered that the…

1Opinion of the CourtHammond, J.

As to the execution of the mortgage the trial judge found as follows: “I find that under the eighth section of the bill . . . the mortgage was not executed by the corporation in accordance with its by-laws, and nothing appears upon the face *47of the record as to what authority was given to the president of the corporation to execute the note or the mortgage. At the meeting of the directors who, under the by-laws and constitution, were the ones who managed the business affairs of the company, I do not find upon the evidence that more than one director took part in the execution of such mortgage,…

2Cases cited1 opinion

  1. Porter v. HowesMassachusetts Supreme Judicial Court · 1909

3Cited by3 opinions

  1. Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
  2. Horowitz v. S. Slater & Sons, Inc.Massachusetts Supreme Judicial Court · 1928
  3. New Commonwealth Publishing Co. v. Baybank Middlesex (In Re New Commonwealth Publishing Co.)United States Bankruptcy Court, D. Massachusetts · 1990

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