Central Bank v. Prentice

Massachusetts Supreme Judicial Court

Central Bank v. Prentice

35 Mass. 396

CourtMassachusetts Supreme Judicial Court

DecidedOctober 12, 1836

StatusPublished

This text of 35 Mass. 396 (Central Bank v. Prentice) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Central Bank v. Prentice, 35 Mass. 396 (Mass. 1836).

Pincite

Opinion

Per Curiam.

The Court are of opinion, that a mortgagee of personal property, who is not in possession of the property, is not chargeable as the trustee of the mortgager. He is certainly not the debtor of the principal defendant, and has no credit to be charged ; and it is equally clear, that he has no goods, which could be surrendered up to an officer. But a creditor is not without remedy ; the St. 1829, c. 124, furnishes a remedy adapted as well to the case where the mortgagee is in possession, as where- he is not. The decision of the Court of Common Pleas discharging the trustee upon his answer, we think was correct; and the exception is overruled, end the judgment affirmed.

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Per Curiam.

The Court are of opinion, that a mortgagee of personal property, who is not in possession of the property, is not chargeable as the trustee of the mortgager. He is certainly not the debtor of the principal defendant, and has no credit to be charged ; and it is equally clear, that he has no goods, which could be surrendered up to an officer. But a creditor is not without remedy ; the St. 1829, c. 124, furnishes a remedy adapted as well to the case where the mortgagee is in possession, as where- he is not. The decision of the Court of Common Pleas discharging the trustee upon his answer, we think was correct; and the exception is overruled, end the judgment affirmed.

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Bluebook (online)

35 Mass. 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-bank-v-prentice-mass-1836.