Byrom v. Chapin
Massachusetts Supreme Judicial Court
Tort upon the following declaration : “ And the plaintiff says that one George L. Allen, being the owner of a certain parcel of land with the dwelling-house thereon, situate on the northerly side of Tremont Street in said Lawrence, on the 1st day of April, 1869, mortgaged the same to one Eben L. Chapman, to secure the payment of three thousand dollars, in three years from said date, with interest thereon; and afterwards, to wit, on the 7th day of May, 1870, said Allen…
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Tort upon the following declaration : “ And the plaintiff says that one George L. Allen, being the owner of a certain parcel of land with the dwelling-house thereon, situate on the northerly side of Tremont Street in said Lawrence, on the 1st day of April, 1869, mortgaged the same to one Eben L. Chapman, to secure the payment of three thousand dollars, in three years from said date, with interest thereon; and afterwards, to wit, on the 7th day of May, 1870, said Allen conveyed by mortgage deed the same premises to plaintiff, subject to said first mentioned mortgage, to secure the payment of…
1Opinion of the CourtWells, J.
This case must be governed by the decision in Gooding v. Shea, 103 Mass. 360. The owner of the equity has no more right than a stranger to impair the security of the mortgagee by removal of buildings or fixtures, thereby causing substantial and permanent injury and depreciation to the mortgaged estate. The right of action in such case is based upon the plaintiff’s interest in the property ; and the damages are measured by the extent of injury to that property. Woodruff v. Halsey, 8 Pick. 333. Page v. Robinson, 10 Cush. 99. It does not depend upon, and the damages are not to be measured by,…
2Cases cited1 opinion
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
3Cited by15 opinions
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Searle v. SawyerMassachusetts Supreme Judicial Court · 1879
- King v. BangsMassachusetts Supreme Judicial Court · 1876
- Belmont Mining & Milling Co. v. CostiganSupreme Court of Colorado · 1895
- Morris Plan Co. v. Hillcrest Farms Dairy, Inc.Massachusetts Supreme Judicial Court · 1948
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