Pearson v. Bailey
Massachusetts Supreme Judicial Court
Contract by the administrator of the estate of Elbridge M. Pearson for the breach of an agreement to pay off a certain mortgage which the defendant assumed as part of the consideration for certain land conveyed to him by the plaintiff’s intestate. • Writ dated January 9, 1900. In the Superior Court the case was heard on agreed facts by Bond, J. The defendant requested rulings, first, that on the facts stated the plaintiff could not recover, and second, that if the plaintiff…
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Contract by the administrator of the estate of Elbridge M. Pearson for the breach of an agreement to pay off a certain mortgage which the defendant assumed as part of the consideration for certain land conveyed to him by the plaintiff’s intestate. • Writ dated January 9, 1900. In the Superior Court the case was heard on agreed facts by Bond, J. The defendant requested rulings, first, that on the facts stated the plaintiff could not recover, and second, that if the plaintiff could recover anything, he could recover only nominal damages. The judge refused to make either of these rulings, and…
1Opinion of the CourtHolmes, C. J.
This is an action upon a contract, arising from the acceptance of a deed poll, to assume a mortgage. The deed conveyed one of two lots, both of which were subject to the mortgage. It was decided in Pearson v. Bailey, 177 Mass. 318, that a subsequent grantee of the other lot who took it subject to the mortgage could not sue upon or get the benefit of this con*231tract. The present suit is by the administrator of the estáte of Elbridge M. Pearson, the defendant’s grantor, to whom the defendant’s promise was made. The case was submitted to the Superior Court on agreed facts, and comes here on…
2Cases cited7 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Pratt v. BuckleyMassachusetts Supreme Judicial Court · 1900
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Bentley v. VanderheydenNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- North End Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1908
- Summy v. RamseyWashington Supreme Court · 1909
- Billings v. BillingsWashington Supreme Court · 1930
- Brockton Trust Co. v. GlaserMassachusetts District Court, Appellate Division · 1936
- Commercial Merchants Nat. Bank & Trust Co. v. Le TourneauCourt of Appeals for the Seventh Circuit · 1943
1 more not listed; retrieve them via the Exa API.