Lydon v. Campbell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 23, 1908, by Caroline F. Lydon, wife of Michael J. Lydon, and Catherine P. Campbell, the two being daughters of Patrick Campbell, late of Boston, against John L. Campbell and James H. Campbell, the last named defendant being a son of Patrick Campbell and the brother of the plaintiffs.
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Bill in equity, filed in the Superior Court on June 23, 1908, by Caroline F. Lydon, wife of Michael J. Lydon, and Catherine P. Campbell, the two being daughters of Patrick Campbell, late of Boston, against John L. Campbell and James H. Campbell, the last named defendant being a son of Patrick Campbell and the brother of the plaintiffs. The bill alleged that by the will of Patrick Campbell there was bequeathed to the plaintiffs and to the defendant James Campbell the sum of $2,500 as stated in a certain note, with interest thereon, which note formerly had been secured by a mortgage on certain…
1Opinion of the CourtSheldon, J.
It is settled that when Patrick Campbell paid the amount remaining due upon the mortgage which by the terms of the deed to him he had assumed and agreed to pay, that payment extinguished the mortgage. The assignment which he took from the holder of the mortgage and which ran to the plaintiffs, but for which they had paid nothing, took effect only as a release. His payment was a payment of his own debt, made his own by his agreement to assume and pay it. The note and mortgage both stood as if they had been given by himself, and they were extinguished by his payment. Lydon v. Campbell, 198…
2Cases cited10 opinions
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- McCurdy v. McCallumMassachusetts Supreme Judicial Court · 1904
- Best v. BerryMassachusetts Supreme Judicial Court · 1905
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
- Woods v. GilsonMassachusetts Supreme Judicial Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Calder v. BryantMassachusetts Supreme Judicial Court · 1933
- Allen v. CostelloMassachusetts Supreme Judicial Court · 1913
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1917
- Shriver v. SimsNebraska Supreme Court · 1934
- Gray v. McCauslandMassachusetts Supreme Judicial Court · 1943
5 more not listed; retrieve them via the Exa API.