Fletcher v. Bass River Savings Bank
Massachusetts Supreme Judicial Court
Contract for $230.04 had and received by the defendant to the plaintiffs’ use, and interest thereon, being a surplus alleged to have been received by the defendant from the sale of certain premises on the foreclosure of certain mortgages above the amount of the mortgages held by the defendant and interest and the expenses of the sale. Writ dated May 26, 1899. In the Superior Court the case was heard by Richardson, J., without a jury.
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Contract for $230.04 had and received by the defendant to the plaintiffs’ use, and interest thereon, being a surplus alleged to have been received by the defendant from the sale of certain premises on the foreclosure of certain mortgages above the amount of the mortgages held by the defendant and interest and the expenses of the sale. Writ dated May 26, 1899. In the Superior Court the case was heard by Richardson, J., without a jury. The plaintiffs put in an auditor’s report and rested. The defendant introduced no evidence. The judge found for the plaintiffs in the sum of $188.69, being the…
1Opinion of the CourtHammond, J.
The only evidence at the trial was the auditor’s report, and the only question before us is whether the judge was warranted in his finding for the plaintiffs.
Upon the evidence the judge might properly have found that at the time the defendant entered to foreclose on September 7, *61898, ifc intended to advertise the property immediately for sale under the power contained in the mortgage; that at that time the house was somewhat out of repair “in that the chimney needed repairing, the roof of the ell leaked, one of the gutters was decayed, the piazza was broken and some of the window glass was out,…
2Cited by5 opinions
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- Perry v. Wilson Bros.Massachusetts Supreme Judicial Court · 1927
- Gilpin v. BrooksMassachusetts Supreme Judicial Court · 1917
- Nickless v. FDIC (In re Singh)United States Bankruptcy Court, D. Massachusetts · 1999