American House Hotel Co. v. Hemenway
Massachusetts Supreme Judicial Court
• Bill in equity, filed in the Superior Court on April 22, 1920, to enjoin the foreclosure of a mortgage given to secure the payment of a note of $550,000, of which $500,000 was due.
1Opinion of the CourtDe Courcy, J.
This is an appeal from a final decree dismissing a bill in equity. The bill was brought to enjoin the defendants from foreclosing a mortgage held by them on the plaintiff’s property. The mortgage, which is now for $500,000 and payable June 10, 1921, is in the form set out in St. 1912, c. 502, § 6, with certain additions referred to later. It contains the clause, “This mortgage is upon the statutory condition, for any breach of which the mortgagees shall have the statutory power of sale.” This condition and power are defined at length in said § 6. The provision therein as to taxes is, that the…
2Cases cited2 opinions
- Hawkinson v. BanaghanMassachusetts Supreme Judicial Court · 1909
- McCombs v. ElmesMassachusetts Supreme Judicial Court · 1907
3Cited by9 opinions
- A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956
- Phillips v. VorenbergMassachusetts Supreme Judicial Court · 1927
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
- Sandler v. GreenMassachusetts Supreme Judicial Court · 1934
- Village of Winfield Ex Rel. Kuhn v. Reliance InsuranceAppellate Court of Illinois · 1965
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