King v. Howes

The bill of exceptions presents the single question whether there was an error of law in the allowance of the plaintiff’s motion to amend his bill. The bill was brought to prevent the foreclosure of a mortgage of personal property and to obtain a decree for the redemption of it, on the ground that the mortgagee had refused to perform his contract, which was an important part of the consideration for the note and mortgage and for the payment of a sum of money made when the note and mortgage were given. We may assume upon the findings of the master that the plaintiff would have been entitled to…