Ryder v. Brockton Savings Bank
Massachusetts Supreme Judicial Court
Bill in equity against the Brockton Savings Bank and one Merton F. Ellis, filed in the Supreme Judicial Court on November 10, 1919, and amended after rescript following the decision reported in 235 Mass. 476,* by alleging that the bank, to secure notes signed by both the plaintiff’s husband and the plaintiff, had received mortgages from the plaintiff’s husband, that the plaintiff had joined therein to release dower and homestead rights and other rights by statute, and that…
Read the full summary
Bill in equity against the Brockton Savings Bank and one Merton F. Ellis, filed in the Supreme Judicial Court on November 10, 1919, and amended after rescript following the decision reported in 235 Mass. 476,* by alleging that the bank, to secure notes signed by both the plaintiff’s husband and the plaintiff, had received mortgages from the plaintiff’s husband, that the plaintiff had joined therein to release dower and homestead rights and other rights by statute, and that redemption thereof on terms to be determined by a single justice had been ordered by the rescript; that the bank refused…
1Opinion of the CourtDe Courcy, J.
This case has been before the court, and the facts set forth in 235 Mass. 476, need not be repeated at length. The plaintiff’s husband executed three mortgages of his real estate in Brockton to the defendant bank, the plaintiff joining therein in release of dower. Subsequently the plaintiff and her husband became estranged, and on July 11, 1917, he gave a mortgage of the same premises to the defendant Ellis, in which she did not join. Ellis entered and took possession on December 22, 1917. His purpose, as found by the master, “was not to obtain the amount due him under his mortgage but to…
2Cases cited7 opinions
- Arnold v. . GreenNew York Court of Appeals · 1889
- Fitcher v. GriffithsMassachusetts Supreme Judicial Court · 1913
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- New Bedford Institution for Savings v. HathawayMassachusetts Supreme Judicial Court · 1883
- Rand v. CutlerMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ellis v. SullivanMassachusetts Supreme Judicial Court · 1922
- American Agricultural Chemical Co. v. RobertsonMassachusetts Supreme Judicial Court · 1930
- New England Oil Refining Co. v. Canada Mexico Oil Co.Massachusetts Supreme Judicial Court · 1931