Legal Opinion
Atlas Mortgage Co. v. Tebaldi
Massachusetts Supreme Judicial Court
Decided December 28, 1939PublishedCited by 15 opinions
1Opinion of the CourtDolan, J.
This is an action of contract to recover a balance and interest due on a promissory note for $17,080, secured by a mortgage of real estate, given by the defendant to the plaintiff. The mortgage was foreclosed by sale, and this action is to recover a deficiency remaining after the application of the purchase price received at the sale.
At the trial before a jury the plaintiff introduced the note and rested. The signature was admitted. G. L. (Ter. Ed.) c. 231, § 29. The special defence relied upon by the defendant was that the "sale was conducted improperly, not in good faith and as it should…
2Cases cited12 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
- Kavolsky v. KaufmanMassachusetts Supreme Judicial Court · 1930
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
- West Roxbury Co-operative Bank v. BowserMassachusetts Supreme Judicial Court · 1949
- States Resources Corp. v. Architectural Team, Inc.Court of Appeals for the First Circuit · 2005
- Resolution Trust Corp v. CarrCourt of Appeals for the First Circuit · 1993
- Union Market National Bank v. DerderianMassachusetts Supreme Judicial Court · 1945
10 more not listed; retrieve them via the Exa API.