Legal Opinion

Congregation Beth Abraham v. People's Savings Bank

Supreme Judicial Court of Maine

Decided April 7, 1921PublishedCited by 5 opinions

On motion by defendant. This is an action to recover damages for breach of contract. On October 30, 1917, the defendant, conveyed by deed to the plaintiff certain real estate in Auburn for the sum of $13,000.00, the plaintiff paying down $3,000 of the purchase price in cash and gave a mortgage and note to the defendant bank for $10,000.00. One of the conditions of the mortgage was that the plaintiff should keep the buildings insured against loss by fire in a sum not less…

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On motion by defendant. This is an action to recover damages for breach of contract. On October 30, 1917, the defendant, conveyed by deed to the plaintiff certain real estate in Auburn for the sum of $13,000.00, the plaintiff paying down $3,000 of the purchase price in cash and gave a mortgage and note to the defendant bank for $10,000.00. One of the conditions of the mortgage was that the plaintiff should keep the buildings insured against loss by fire in a sum not less than $10,000.00. At the time of the conveyance the bank held two policies on the buildings amounting to $5,000.00. After…

1Opinion of the CourtPhilbrook, J.

The plaintiff alleges that it is a duly organized religious, eleemosynary corporation or, as its principal witness said, it is a church or synagogue of the Jewish people. The defendant, as its title indicates, is a duly organized Savings Bank. Both corporations are located at Auburn in this State.

To state the case as briefly as possible and at the same time clearly declare the claims of the parties, we will say:

That on the second day of October, A. D. 1917, the defendant owned a certain piece of real estate situated in said Auburn which the plaintiff desired to buy; that negotiations were…

2Cited by5 opinions

  1. Zamore v. WhittenSupreme Judicial Court of Maine · 1978
  2. Terrio v. Millinocket Community HospitalSupreme Judicial Court of Maine · 1977
  3. Kennebunk Savings Bank v. WestSupreme Judicial Court of Maine · 1988
  4. Harmon v. RoesselSupreme Judicial Court of Maine · 1957
  5. State Trailer Sales, Inc. v. First National BankSupreme Judicial Court of Maine · 1962

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