Currier v. Williams
Massachusetts Supreme Judicial Court
Contract upon two instruments under seal, as follows: “ Exhibit A. “ Whereas Henry Bigelow Williams of Boston, in the Commonwealth of Massachusetts, is owing to Gideon Currier of said Boston, thirty-five hundred dollars ($3500). “ And whereas said Williams has this day caused Alden B. Buttrick of Lowell, in said Commonwealth, to assign and convey to said Currier a mortgage and the promissory note therein secured, given by George Boss to said Williams, dated July 28, 1876 and…
Read the full summary
Contract upon two instruments under seal, as follows: “ Exhibit A. “ Whereas Henry Bigelow Williams of Boston, in the Commonwealth of Massachusetts, is owing to Gideon Currier of said Boston, thirty-five hundred dollars ($3500). “ And whereas said Williams has this day caused Alden B. Buttrick of Lowell, in said Commonwealth, to assign and convey to said Currier a mortgage and the promissory note therein secured, given by George Boss to said Williams, dated July 28, 1876 and recorded with Suffolk Deeds, libro 1337, folio 198 and heretofore assigned by said Williams to said Buttrick; “ And…
1Opinion of the CourtLoring, J.
We are of opinion that the debt due the plaintiff is barred by the defendant’s discharge in insolvency.
If the land was conveyed as security for the debt in spite of the provision in Exhibit A that “ said mortgages are sold absolutely by said Williams to Currier,” (as some of my brethren think,) the discharge in insolvency is plainly a bar.
If on the other hand (as others of us think) the result of Exhibits A and B was not to make these two parcels of land security for the debt, the discharge in insolvency is still a bar. If it was not by way of security it was a conveyance to Currier by…
2Cases cited5 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Dorr v. SchenckMassachusetts Supreme Judicial Court · 1905
- McDermott v. HallMassachusetts Supreme Judicial Court · 1900
- McIntire v. CottrellMassachusetts Supreme Judicial Court · 1904
- Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905
3Cited by5 opinions
- Commonwealth v. DowMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1933
- Squier v. BarnesMassachusetts Supreme Judicial Court · 1906
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1941
- Sullivan v. Crave & Martin Co.Massachusetts Supreme Judicial Court · 1907