Brown v. Learmouth
Massachusetts Supreme Judicial Court
Tort, with a declaration in two counts, each for the same cause of action, to recover $2,000 damages for an alleged wrongful exercise of a power of sale contained in a mortgage in a foreclosure sale on May 31, 1915, of certain real estate of the plaintiff in the town of Medway in the county of Norfolk, it being alleged that there had been no breach of condition at the time of the foreclosure sale and also that the statutory requirements were not complied with.
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Tort, with a declaration in two counts, each for the same cause of action, to recover $2,000 damages for an alleged wrongful exercise of a power of sale contained in a mortgage in a foreclosure sale on May 31, 1915, of certain real estate of the plaintiff in the town of Medway in the county of Norfolk, it being alleged that there had been no breach of condition at the time of the foreclosure sale and also that the statutory requirements were not complied with. Writ in the Municipal Court of the City of Boston dated September 6, 1916. The judge of the Municipal Court made the following special…
1Opinion of the CourtBraley, J.
The report recites that the defendant introduced “evidence tending to show that the plaintiff was in default of payment upon principal and interest on the second mortgage, and interest upon the first mortgage,” and the trial judge so found. The plaintiff’s contention is that these findings are unwarranted. But, all the evidence not being reported, we are unable to say as matter of law that the findings should be set aside. American Malting Co. v. Souther Brewing Co. 194 Mass. 89. Cohen v. Longarini, 207 Mass. 556. Savage v. Collins, 211 Mass. 472.
*420•It is also urged that the foreclosure is…
2Cases cited4 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Rose v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1896
- Cohen v. LongariniMassachusetts Supreme Judicial Court · 1911
- Savage v. CollinsMassachusetts Supreme Judicial Court · 1912
3Cited by6 opinions
- Somers v. Commercial Finance Corp.Massachusetts Supreme Judicial Court · 1923
- Gladstone v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1958
- Ellis v. LyfordMassachusetts Supreme Judicial Court · 1930
- Commonwealth of Massachusetts Division of Employment Security v. BartelsMassachusetts District Court, Appellate Division · 1947
- McAlary v. First National Stores, Inc.United States District Court · 1941
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