Crowley v. Hyde
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendants to the plaintiff’s use. In the Superior Court judgment was ordered for the defendants on agreed facts in substance as follows, and the plaintiff appealed to this court. The defendants, as assignees of a bankrupt, sold a parcel of his real estate, subject to certain mortgages, at public auction, and the plaintiff was the purchaser thereof.
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Contract for money had and received by the defendants to the plaintiff’s use. In the Superior Court judgment was ordered for the defendants on agreed facts in substance as follows, and the plaintiff appealed to this court. The defendants, as assignees of a bankrupt, sold a parcel of his real estate, subject to certain mortgages, at public auction, and the plaintiff was the purchaser thereof. The sum now sued for was paid by the plaintiff to the defendants’ agent, in compliance with the terms of the sale requiring $600 to be paid down by the purchaser. Notice of the sale was given, but not…
1Opinion of the CourtGray, C. J.
The bankrupt act provides that upon the execution of the assignment all the property of the bankrupt, of every kind not specifically exempted, shall vest in the assignee, and all debts and rights of action for or of redeeming property of the bankrupt, “ with the like right, title, power and authority to sell, manage, dispose of, sue for and recover or defend the same, as the bankrupt might or could have had if no assignment had been made.” The further provision that he may, “ under the order or direction of the court,” redeem or discharge any mortgage or incumbrance, or sell subject to it —…
2Cases cited2 opinions
- Tuite v. StevensMassachusetts Supreme Judicial Court · 1867
- Wellman v. LawrenceMassachusetts Supreme Judicial Court · 1818
3Cited by4 opinions
- Curdy v. StaffordTexas Supreme Court · 1895
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Altobelli v. MontesiMassachusetts Supreme Judicial Court · 1938
- Rowley v. D'ArcyMassachusetts Supreme Judicial Court · 1904