Chamberlain v. Walker
Massachusetts Supreme Judicial Court
Writ of entry to foreclose a mortgage. The case was referred to an auditor, whose report was agreed in the superior court to be taken as an agreed statement of facts, and judgment was rendered thereon for the plaintiff. The defendant appealed to this court. The facts are sufficiently stated in the opinion. °
1Opinion of the CourtChapman, J.
By the report of the auditor, which the parties have agreed to adopt as a statement of facts, it appears that the mortgage and note were made and delivered to the mortgagee, John Chamberlain, and that after his decease they were sold and assigned by his executors to the plaintiff. This establishes a prima facie case for the plaintiff.
The defendant relies upon the fact that when the mortgage and note were given he and John Chamberlain were copartners with the plaintiff and several other persons, by the name of the Dalton Woollen Company, and that the note was a partnership transaction; that…
2Cited by2 opinions
- Ewing v. SchultzCourt of Appeals of Texas · 1920
- Simpson v. RitchieSupreme Judicial Court of Maine · 1913