Gerrish v. Black
Massachusetts Supreme Judicial Court
Bill if equity to redeem a mortgage given by the plaintiff to the defendant’s testator. To the original bill the defendant answered, that the full amount of the note secured by the mortgage, with interest, was due and must be paid before redemption, The plaintiff then amended his bill, alleging usury in the making of the note and mortgage.
Read the full summary
Bill if equity to redeem a mortgage given by the plaintiff to the defendant’s testator. To the original bill the defendant answered, that the full amount of the note secured by the mortgage, with interest, was due and must be paid before redemption, The plaintiff then amended his bill, alleging usury in the making of the note and mortgage. This amendment was allowed by the court, as reported 99 Mass. 315. The defendant still claimed the full amount of' his note and interest, and the case was committed to a master to find the amount due, and to be paid on redemption by the plaintiff. A hearing…
1Opinion of the CourtWells, J.
By Gen. Sts. c. 140, § 21, if a suit for redemption cf a mortgage “ is brought without a previous tender, and it appears that anything is due on the mortgage, the plaintiff shall pay the costs of suit, unless it appears that the defendant has unreasonably refused or neglected, when requested, to render a just and true account:” or “that he has otherwise, by his default, prevented the plaintiff from performing or tendering per*488formance of the condition before the commencement of the suit.”
The report states the fact to have been found, “ that the plaintiff had made no demand on the defendant for…
2Cases cited3 opinions
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1870
- Smith v. LongCourt of Appeals of Kentucky · 1859
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1868