Tatman v. Humphrey
Massachusetts Supreme Judicial Court
Tort, by the trustee in bankruptcy of the estate of Nelson H. Davis of Worcester, for the value of the bankrupt’s stock of jewelry alleged to have been converted by the defendant, who, having reasonable cause to believe that Davis was insolvent, took possession of the stock about three weeks before the" filing by Davis of a voluntary petition in bankruptcy, claiming it under an unrecorded mortgage executed about two years earlier when Davis was not insolvent.
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Tort, by the trustee in bankruptcy of the estate of Nelson H. Davis of Worcester, for the value of the bankrupt’s stock of jewelry alleged to have been converted by the defendant, who, having reasonable cause to believe that Davis was insolvent, took possession of the stock about three weeks before the" filing by Davis of a voluntary petition in bankruptcy, claiming it under an unrecorded mortgage executed about two years earlier when Davis was not insolvent. Writ dated November 13, 1901. In the Superior Court Gaskill, J. found pro forma for the defendant upon a statement of agreed facts,…
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether the defendant’s title under an unrecorded mortgage of personal property, made to him more than two years before the bankruptcy of the mortgagor, which covered the stock of goods and fixtures then owned by the mortgagor and such future additions as he should make thereto, and which was made to secure payment of certain notes and of future indebtedness, is good against the ■trustee in bankruptcy of the mortgagor. Under the R. L. c. 198, *362§ 1, because of the failure to record the mortgage within fifteen days of the date written therein, and because the…
2Cases cited9 opinions
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Wilson v. NelsonSupreme Court of the United States · 1901
- Gibson v. WardenSupreme Court of the United States · 1872
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
- Massachusetts Trust Co. v. MacPhersonCourt of Appeals for the First Circuit · 1924
- Mower v. McCarthySupreme Court of Vermont · 1906
- In re HuntDistrict Court, N.D. New York · 1905
- Keepers v. FleitmannMassachusetts Supreme Judicial Court · 1913
3 more not listed; retrieve them via the Exa API.