246 Mass. 404 | Mass. | 1923
The material facts are not in issue. It appears that the Cambridge Savings Bank, a creditor of the railroad, attached its property on mesne process February 21, 1921, and the action is now pending in the Superior Court.
It was said in Cambridge Savings Bank v. Clerk of Courts, 243 Mass. 424, 427, “ The Cambridge Savings Bank did not participate in the appointment of the receiver and therefore is not estopped to repudiate the action of the Hampden National Bank, in its own behalf and in behalf of all other creditors of the Hampden Railroad Corporation, which resulted in the appointment of the receiver with the assent of the defendant debtor corporation. It is obvious the Cambridge Savings Bank and other creditors having attachments which were dissolved upon the appointment of a receiver were interested parties and had the right to intervene and oppose the appointment of the receiver when made or thereafter on petition to vacate the decree, upon the ground that on the facts as disclosed in the record the court was without jurisdiction to appoint the receiver.”
The appeal from the denial of the petition for leave to demur, not having been argued, is to be treated as waived, and the decrees dismissing the petitions should be affirmed.
Ordered accordingly.