Moore v. Elmer
Massachusetts Supreme Judicial Court
Bill in equity by the owner of certain land subject to a mortgage assumed by her, to restrain the administrators of Willard Elmer, the holders of "the mortgage, from foreclosing it, or disposing of it and the note secured thereby, and for an order to the defendants to discharge the mortgage and cancel the note, filed July 7,1900. The bill alleged that the plaintiff was the owner of a tract of land to which she derived title by a deed of one Herman E. Bogardus, by which deed…
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Bill in equity by the owner of certain land subject to a mortgage assumed by her, to restrain the administrators of Willard Elmer, the holders of "the mortgage, from foreclosing it, or disposing of it and the note secured thereby, and for an order to the defendants to discharge the mortgage and cancel the note, filed July 7,1900. The bill alleged that the plaintiff was the owner of a tract of land to which she derived title by a deed of one Herman E. Bogardus, by which deed she assumed and agreed to pay a certain mortgage of the premises given by Bogardus, which mortgage and the note for…
1Opinion of the CourtHolmes, C. J.
It is hard to take any view of the supposed contract in which, if it were made upon consideration, it would not be a wager. But there was no consideration. The bill alleges no debt of Elmer to the plaintiff prior to the making of the writing. It alleges only that the plaintiff gave him sittings at his request. This may or may not have been upon an understanding or implication that he was to pay for them. If there was such an understanding it should have been alleged or the liability of Elmer in some way shown. If, as we must assume and as the writing seems to imply, there was no such…
2Cases cited3 opinions
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- Johnson v. KimballMassachusetts Supreme Judicial Court · 1899
- Chamberlin v. WhitfordMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- Massachusetts Mutual Life Insurance v. GreenMassachusetts Supreme Judicial Court · 1904
- Irons Investment Co. v. RichardsonWashington Supreme Court · 1935
- Conant v. EvansMassachusetts Supreme Judicial Court · 1909
- Ramseyer v. ConlonMassachusetts Supreme Judicial Court · 1939