Reed v. Paul
Massachusetts Supreme Judicial Court
Contract on promises of the defendant to pay mortgages on lands conveyed to him by the plaintiff. Trial without a jury in the Superior Court, before Brigham, C. J., who found the following facts: On April 1, 1875, the plaintiff, being the owner of four lots of land in Boston, all of which were subject to two mortgages to the Mechanics’ Savings Bank of Lowell, one made by John T. Broadhurst for the sum of $5000, (which the plaintiff, by indenture with the bank, dated May…
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Contract on promises of the defendant to pay mortgages on lands conveyed to him by the plaintiff. Trial without a jury in the Superior Court, before Brigham, C. J., who found the following facts: On April 1, 1875, the plaintiff, being the owner of four lots of land in Boston, all of which were subject to two mortgages to the Mechanics’ Savings Bank of Lowell, one made by John T. Broadhurst for the sum of $5000, (which the plaintiff, by indenture with the bank, dated May 30,1874, had agreed to pay on September 30, 1877, to which time payment of the notes liad been extended by the bank,) and…
1Opinion of the CourtGray, C. J.
The defendant, by accepting the deeds from the plaintiff subject to two mortgages to the bank, for the amount of which the grantor was personally liable, and “ which the grantee hereby agrees to assume and pay,” has promised the grantor to pay those mortgages and not merely to indemnify the grantor against them; if the defendant does not pay the amount of those mortgages as they become due and payable, he is liable to the grantor in an action of contract in the nature of assumpsit upon his promise; and the measure of the plaintiff’s damages in such an action is the amount of the plaintiff’s…
2Cases cited4 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Holland v. MartinMassachusetts Supreme Judicial Court · 1877
- Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
3Cited by16 opinions
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Griffin v. Mutual Life InsuranceSupreme Court of Georgia · 1904
- Hunt v. New Hampshire Fire Underwriters' Ass'nSupreme Court of New Hampshire · 1895
- Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
- Stichter v. CoxNebraska Supreme Court · 1897
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