Clapp v. Pawtucket Institution for Savings

This is an action of assumpsit for money had and received. The plea is the general issue. It appeared in evidence at the hearing, jury trial having been waived, that Daniel D. Sweet, Ephraim W. French, and Harrison Howard, copartners in business as D. D. Sweet & Co., executed and delivered to the defendant a mortgage deed dated November 1, 1866, conveying certain real estate therein described, owned by tbe mortgagors and used by them in carrying on their partnership business. This mortgage contained a power of sale, authorizing the mortgagee, in case of a breach of the conditions of the…