Legal Opinion

French v. Hall

Massachusetts Supreme Judicial Court

Decided March 2, 1908PublishedCited by 15 opinions

Bill in equity, filed April 13,1905, by the trustees under the will of Catherine D. Hancock, successors to one Charles F. Berry as trustee under that will, against Lucia Gr. Hall of Cambridge, alleging that Berry wrongfully indorsed and delivered to the defendant a note of one Beckler for $4,250 and the mortgage securing it, to compel the surrender of the mortgage and note to the plaintiff as trustees.

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Bill in equity, filed April 13,1905, by the trustees under the will of Catherine D. Hancock, successors to one Charles F. Berry as trustee under that will, against Lucia Gr. Hall of Cambridge, alleging that Berry wrongfully indorsed and delivered to the defendant a note of one Beckler for $4,250 and the mortgage securing it, to compel the surrender of the mortgage and note to the plaintiff as trustees. Later an intervening petition was filed by the Boston Safe Deposit and Trust Company, as trustee under the will of Jane C. Tinsler, successor as such trustee of the same Charles F. Berry,…

1Opinion of the CourtSheldon, J.

The defendant Hall has not appealed from the decree entered against her in the Superior Court; and the only-contest now made is upon the intervening petition of the Boston Safe Deposit and Trust Company. The fundamental question upon which the rights of the plaintiff and of the in ter yen or depend is whether there was an actual sale made of the Beckler note and mortgage by Charles F. Berry as trustee under the will of Mrs. Hancock to himself as trustee under the will of Mrs. Tinsler; and the main issue before us is whether the finding of the master that no money or other consideration passed…

2Cases cited4 opinions

  1. Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
  2. Morris v. BaconMassachusetts Supreme Judicial Court · 1877
  3. Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
  4. Hewins v. BakerMassachusetts Supreme Judicial Court · 1894

3Cited by15 opinions

  1. Welch v. City of BostonMassachusetts Supreme Judicial Court · 1912
  2. In Re Estate of BinderOhio Supreme Court · 1940
  3. Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
  4. First Nat. Bank of Birmingham v. BashamSupreme Court of Alabama · 1939
  5. New England Trust Co. v. TriggsMassachusetts Supreme Judicial Court · 1956

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