Boutelle v. Carpenter
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due on a promissory note originally for $2,500. Writ dated May 3, 1901. ■ In the Superior Court Q-asTdll,- J. upon an agreed statement of facts found for the plaintiffs, and assessed the damages in the sum of $1,188.87. Both the plaintiffs and the defendants appealed.
1Opinion of the CourtMorton, J.
This is an action against the defendants as makers to recover the balance due upon a mortgage note. The note was dated September 21, 1887, and was witnessed. The mortgagee assigned the mortgage and indorsed the note, without recourse, to one Dean who, without indorsing the note, transferred the note and mortgage to one Powers, who is the present holder thereof. In April, 1901, Powers foreclosed the mortgage, and became himself the purchaser, bidding off the property for $50, subject to a first mortgage of $6,700. The defendants were not notified of the sale. Previous to the sale, they had…
2Cases cited2 opinions
- Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
3Cited by13 opinions
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Stewart v. EatonMichigan Supreme Court · 1939
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
- Kavolsky v. KaufmanMassachusetts Supreme Judicial Court · 1930
- Taylor v. WeingartnerMassachusetts Supreme Judicial Court · 1916
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