Old Colony Trust Co. v. Medfield & Medway Street Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May 3, 1912, by the plaintiff as successor by merger under St. 1911, c. 128, of the Mercantile Trust Company, the trustee in a mortgage of real and personal property given to it by the defendant to secure an issue of bonds, seeking a foreclosure of the mortgage and the appointment of an operating receiver of the defendant’s property. Eugene H. Mather, Esquire, was appointed receiver and the bill was taken pro confessa.
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Bill in equity, filed in the Supreme Judicial Court on May 3, 1912, by the plaintiff as successor by merger under St. 1911, c. 128, of the Mercantile Trust Company, the trustee in a mortgage of real and personal property given to it by the defendant to secure an issue of bonds, seeking a foreclosure of the mortgage and the appointment of an operating receiver of the defendant’s property. Eugene H. Mather, Esquire, was appointed receiver and the bill was taken pro confessa. The receiver filed a report as to claims of creditors of the defendant and allowed a claim of the Milford, Attleborough…
1Opinion of the CourtBraley, J.
The defendant having made default in the payment of the semi-annual instalments of interest, the bill is brought by the plaintiff, who by force of the St. of 1911, c. 128, is the successor of the original trustee, for a foreclosure of the mortgage or indenture of trust by the railway company upon all its real and personal property as security for the payment of the bonds. A decree has been entered taking the bill for confessed as against the defendant, and no question is raised as to the regularity of the proceedings, or the right of the plaintiff to a foreclosure in accordance with the…
2Cases cited29 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Hedges v. Dixon CountySupreme Court of the United States · 1893
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3Cited by17 opinions
- Plumer v. Houghton & Dutton Co.Massachusetts Supreme Judicial Court · 1931
- McOuatt v. McOuattMassachusetts Supreme Judicial Court · 1946
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- Commodity Futures Trading Commission v. Lake Shore Asset Management Ltd.Court of Appeals for the Seventh Circuit · 2011
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