See v. Norris
Massachusetts Supreme Judicial Court
Contract, with a declaration as amended in two counts, the first count being for $2,195.97, money alleged to have been had and received by the defendants to the use of the plaintiff.
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Contract, with a declaration as amended in two counts, the first count being for $2,195.97, money alleged to have been had and received by the defendants to the use of the plaintiff. In the second count the plaintiff alleged a breach of an agreement by the defendants to pay to him the amount of a mechanic’s lien, which was upon premises numbered 1340 Commonwealth Avenue in Boston, in consideration of the plaintiff allowing a dissolution of an injunction restraining the defendants from proceeding with a sale in foreclosure of a mortgage upon the premises. Writ dated November 18, 1916. In the…
1Opinion of the CourtJennet, J.
The plaintiff instituted proceedings to enforce a mechanic’s lien on land and buildings on Commonwealth Avenue in Boston. The lien was established and a warrant of sale issued on October 26,1916; but no sale has been held, nor has the amount for which the lien was established been paid.
The defendants were mortgagees of the real estate, holding a first mortgage for $55,000, a second for $15,000, and a third for $8,000. The validity of the second and third mortgages and their priority to the plaintiff’s lien was disputed, although it did not appear that the mortgagees were named as defendants…
2Cases cited13 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Brown v. HenryMassachusetts Supreme Judicial Court · 1899
- Drumright v. PhilpotSupreme Court of Georgia · 1854
- Davis v. CressMassachusetts Supreme Judicial Court · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Haufler v. ZotosMassachusetts Supreme Judicial Court · 2006
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- Precious v. O'RourkeMassachusetts Supreme Judicial Court · 1930
- Licata v. GGNSC Malden Dexter LLCMassachusetts Supreme Judicial Court · 2014
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
8 more not listed; retrieve them via the Exa API.