Norway Plains Savings Bank v. Moors
Massachusetts Supreme Judicial Court
Contract for breach of the following agreement, under seal, dated July 1, 1871, and executed by the plaintiff, as the party of the first part, and by the defendant, as the party of the second part: “ Whereas the party of the first part is about to loan to H. F. Rice and J. Q. Hanson the sum of fifty-eight thousand dollars, upon eleven different mortgages of eleven different lots of land and buildings in process of erection and to .be erected thereon; and whereas it is…
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Contract for breach of the following agreement, under seal, dated July 1, 1871, and executed by the plaintiff, as the party of the first part, and by the defendant, as the party of the second part: “ Whereas the party of the first part is about to loan to H. F. Rice and J. Q. Hanson the sum of fifty-eight thousand dollars, upon eleven different mortgages of eleven different lots of land and buildings in process of erection and to .be erected thereon; and whereas it is proposed that a large part of said sum is to be advanced on said mortgages before the completion of said houses; and whereas…
1Opinion of the CourtColburn, J.
In order to determine the questions raised in this case, it is necessary to understand certain facts, which were found by the judge who tried the case, as appears by the report.
As early as May 16, 1871, Rice and Hanson made application to the defendant to advance to them $58,000, on eleven houses which they proposed to build on a lot of land in Boston, which they had bargained for, but to which they did not acquire title until August 22, 1871. The defendant made a written agreement with Rice and Hanson, which, though dated May 16,1871, *132could not have been written until after July 1, 1871, as…
2Cases cited1 opinion
- Hyannis Savings Bank v. MoorsMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Walsh v. CornwellMassachusetts Supreme Judicial Court · 1930
- Province Securities Corp. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1929
- Lincoln Stone & Supply Co. v. LudwigNebraska Supreme Court · 1913
- Prudence Co. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1935
- Trainor Co. v. Ætna Casualty & Surety Co.District Court, E.D. Pennsylvania · 1931
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