Legal Opinion

Gerber v. Berstein

Massachusetts Supreme Judicial Court

Decided July 3, 1936PublishedCited by 7 opinions

1Opinion of the CourtField, J.

This is an action of contract on an alleged agreement of the defendant to assume and pay certain mortgages on real estate in Lynn. The writ is dated October 29, 1932. The answer is a general denial and an allegation of payment. Morris Gerber and the Gerber Realty Trust “by its trustee, Morris Gerber” were originally named as parties plaintiff but the “action of the coplaintiff, ‘Gerber Realty Trust’” was “waived” in open court leaving Morris Gerber the sole plaintiff. He is referred to herein as the plaintiff. The judge denied the motion of the defendant for a directed verdict and on motion…

2Cases cited19 opinions

  1. Locke v. HomerMassachusetts Supreme Judicial Court · 1881
  2. Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
  3. Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
  4. Larson v. SylvesterMassachusetts Supreme Judicial Court · 1933
  5. O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911

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3Cited by7 opinions

  1. City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
  2. Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
  3. Fred T. Ley & Co. v. SagalynMassachusetts Supreme Judicial Court · 1939
  4. Rainault v. EvartsMassachusetts Supreme Judicial Court · 1937
  5. Burdo v. TarkyMassachusetts Supreme Judicial Court · 1943

2 more not listed; retrieve them via the Exa API.

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