Donohue v. Chase
Massachusetts Supreme Judicial Court
Bill in equity to redeem certain premises in Haverhill from six mortgages, held by the defendant as assignee. Hearing, upon exceptions by both parties to the report of a master, before I)evens, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
1. In determining whether the premiums paid for insurance are a proper subject of charge in the mortgagee’s account, it is necessary to know what was the contract between the parties, if any, in relation to insurance. It is stated by the counsel for the defendant, in his brief, that three of the mortgages held by the defendant contained provisions upon the subject, but none of the mortgages are before us. The case having been submitted on briefs, without oral arguments, there has been no opportunity to clear the matter up; and, as neither party has taken pains to bring before us the necessary…
2Cases cited5 opinions
- Smith v. LewisSupreme Court of Connecticut · 1857
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Gormley v. KyleMassachusetts Supreme Judicial Court · 1884
3Cited by8 opinions
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- City Institution for Savings v. KelilMassachusetts Supreme Judicial Court · 1928
- Saunders v. DunnMassachusetts Supreme Judicial Court · 1900
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- Altobelli v. MontesiMassachusetts Supreme Judicial Court · 1938
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