Harriman v. Woburn Electric Light Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed June 7, 1894, for the appointment of a receiver of the defendant corporation; for the appointment of a trustee, as successor of the trustee named therein, to act under a mortgage of “ all its estate, real, personal, and mixed, of whatever nature or description, now owned or hereafter to be acquired,” given by the corporation to secure the payment of an issue of bonds, two of which were held by the plaintiff; and for a foreclosure of the mortgage.
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Bill in equity, filed June 7, 1894, for the appointment of a receiver of the defendant corporation; for the appointment of a trustee, as successor of the trustee named therein, to act under a mortgage of “ all its estate, real, personal, and mixed, of whatever nature or description, now owned or hereafter to be acquired,” given by the corporation to secure the payment of an issue of bonds, two of which were held by the plaintiff; and for a foreclosure of the mortgage. Hearing before Morton, J., who reserved the case for the consideration of the full court; such decree to be entered as law and…
1Opinion of the CourtKnowlton, J.
The questions argued in this case relate to the validity of the mortgage as against assignees in insolvency, in view of the fact that it was not recorded in the registry of deeds until more than three years after its date, and in view of the further fact that there is after-acquired property covered by its provisions of which possession has never been taken by the mortgagee. The mortgage was made on August 19, 1890. It *87includes real estate, and also personal property situated in three different towns. It was duly recorded with the records of personal property mortgages in each of these towns,…
2Cases cited2 opinions
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Knight v. City of BostonMassachusetts Supreme Judicial Court · 1893
3Cited by7 opinions
- Radway v. Selectmen of DennisMassachusetts Supreme Judicial Court · 1929
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Samuels v. Charles E. Fogg Co.Massachusetts Supreme Judicial Court · 1927
- Brooks v. Inhabitants of West SpringfieldMassachusetts Supreme Judicial Court · 1906
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