McCombs v. Elmes
Massachusetts Supreme Judicial Court
Bill in equity to restrain the foreclosure of a mortgage filed in the Superior Court for the county of Bristol, April 13, 1907. The case was referred to a master and was heard upon his report by Fox, J., who made a final decree enjoining the foreclosure, and the defendant appealed. The facts are stated in the opinion.
1Opinion of the CourtRugg, J.
The plaintiff brings this bill in equity to restrain the foreclosure of a certain mortgage upon his real estate held by the defendant and given to secure a note payable in instalments on time. The' only breach claimed is a failure to insure the buildings upon the estate. Prior to March 8, 1907, the buildings were insured for $1,250 in the Hingham Mutual Fire Insurance Company, and for $750 in the Traders and Mechanics Insurance Company. On that date, the insurance agent, who had issued the policies, wrote to the defendant stating that the insurance companies had requested him to cancel the…
2Cases cited1 opinion
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
3Cited by6 opinions
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- Wilshire Enterprises, Inc. v. Taunton Pearl Works, Inc.Massachusetts Supreme Judicial Court · 1970
- American House Hotel Co. v. HemenwayMassachusetts Supreme Judicial Court · 1921
- Hawkinson v. BanaghanMassachusetts Supreme Judicial Court · 1909
- Strong v. Merchants Mutual InsuranceMassachusetts Appeals Court · 1974
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