Legal Opinion

Short v. Currier

Massachusetts Supreme Judicial Court

Decided January 17, 1891PublishedCited by 10 opinions

Bill in equity, filed in the Superior Court, to establish two mortgages held by the plaintiff upon a parcel of land in Methuen, as against an attachment placed thereon by the defendants. After the former decision, reported 150 Mass. 372, the case was sent to a master, and, after the coming in of his report, was heard by Dewey, J., who ordered a decree for the plaintiff; and the defendants appealed to this court.

1Opinion of the Court

By the Court.

The subjoined opinion was prepared by Mr. Justice Devens, and was adopted as the opinion of the court after his death by the Justices who sat with him at the argument.

*183The plaintiff, for the purpose of providing a home for a sister, the wife of one Pearl, paid $2,000 for two mortgages held by one Wells on the estate of Pearl, of whom the defendants, who constituted a partnership, were creditors. Learning of this purchase by the plaintiff, the defendant Currier, who acted throughout the transaction on behalf of his firm, ordered, on the morning of November 9, 1887, suit to be…

2Cases cited3 opinions

  1. Barnes v. . MottNew York Court of Appeals · 1876
  2. Willcox v. FosterMassachusetts Supreme Judicial Court · 1882
  3. Everson v. . McMullenNew York Court of Appeals · 1889

3Cited by10 opinions

  1. Provident Co-Operative Bank v. James Talcott, Inc.Massachusetts Supreme Judicial Court · 1970
  2. North Easton Co-operative Bank v. MacLeanMassachusetts Supreme Judicial Court · 1938
  3. Home Owners' Loan Corp. v. BakerMassachusetts Supreme Judicial Court · 1937
  4. General Builders Supply Co. v. Arlington Co-Operative BankMassachusetts Supreme Judicial Court · 1971
  5. Van Houten v. MorseMassachusetts Supreme Judicial Court · 1894

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