Simmons v. Woods
Massachusetts Supreme Judicial Court
Tout, for the conversion of a counter for a liquor saloon, a beer-pump, forty feet of lead pipe belonging thereto, two large mirrors, and a quantity of shelving. Answer, a general denial.
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Tout, for the conversion of a counter for a liquor saloon, a beer-pump, forty feet of lead pipe belonging thereto, two large mirrors, and a quantity of shelving. Answer, a general denial. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff, a constable of the city of Boston, attached the goods in question by virtue of two writs issuing out of the Municipal Court of the city of Boston, wherein the Tahanto Manufacturing Company was the plaintiff and William O’Neil was the defendant, and John W. Cobb was…
1Opinion of the CourtW. Allen, J.
The Pub. Sts. c. 161, § 74, provide that personal property of a debtor that is subject to a mortgage, and of which the debtor has the right of redemption, may be attached and held as if it were unencumbered, if the attaching creditor pays to the mortgagee the amount of the debt for which it is liable, within ten days after the same is demanded. Section 79 provides that personal property of a debtor subject to a mortgage, and being in the possession of the mortgagor, may be attached in the same manner as if unencumbered, and the mortgagee summoned as the trustee of the mortgagor to answer such…
2Cases cited4 opinions
- Goulding v. HairMassachusetts Supreme Judicial Court · 1882
- Flanagan v. CutlerMassachusetts Supreme Judicial Court · 1876
- Allen v. WrightMassachusetts Supreme Judicial Court · 1883
- Allen v. WrightMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Emery v. SeaveyMassachusetts Supreme Judicial Court · 1889
- Eaton v. NewhallMassachusetts Supreme Judicial Court · 1892