Legal Opinion

Winchester Rock & Brick Co. v. Murdough

Massachusetts Supreme Judicial Court

Decided May 20, 1919PublishedCited by 12 opinions

Bill in equity, filed in the Superior Court on January 25,1918, By a corporation organized under the laws of the State of Maine, conducting a rock quarry on land belonging to it. in the towns of Winchester and Woburn and having its principal office in Boston, to set aside a sale of bonds of the plaintiff of the face value of $1,500 which had been pledged by it to the defendant as collateral security for a note of the plaintiff payable to the defendant for $1,500, and also to…

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Bill in equity, filed in the Superior Court on January 25,1918, By a corporation organized under the laws of the State of Maine, conducting a rock quarry on land belonging to it. in the towns of Winchester and Woburn and having its principal office in Boston, to set aside a sale of bonds of the plaintiff of the face value of $1,500 which had been pledged by it to the defendant as collateral security for a note of the plaintiff payable to the defendant for $1,500, and also to redeem the bonds from such sale, the sale being alleged to have been a mere device and pretence and not to have been…

1Opinion of the CourtRugg, C. J.

This is a suit in equity whereby the plaintiff seeks to set aside the sale of certain bonds formerly held by the defendant as collateral security for a note of the plaintiff and to redeem the bonds. The defendant owned a note of the plaintiff for $1,500, which fell due on or about June 25, 1915. He held as collateral security for the note bonds of the plaintiff of the face value of $1,500, which were secured by a mortgage indenture upon real estate. According to the terms of the note, the defendant was authorized to sell the bonds “ either at public or private sale,” or otherwise, at his…

2Cases cited5 opinions

  1. Lindsey v. BirdMassachusetts Supreme Judicial Court · 1906
  2. Bon v. GravesMassachusetts Supreme Judicial Court · 1914
  3. Farmers National Bank of Annapolis v. VennerMassachusetts Supreme Judicial Court · 1906
  4. Jennings v. MooreMassachusetts Supreme Judicial Court · 1905
  5. Guinzburg v. H. W. Downs Co.Massachusetts Supreme Judicial Court · 1896

3Cited by12 opinions

  1. Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
  2. Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
  3. Ruebeck v. Attleboro Savings Bank (In Re Ruebeck)United States Bankruptcy Court, D. Massachusetts · 1985
  4. Turk v. GrossmanCourt of Appeals of Maryland · 1939
  5. State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956

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