Willcox v. Foster
Massachusetts Supreme Judicial Court
Bill in equity, filed June 2, 1877, by Henry T. Willcox and Charles Hawes, against Ellen A. Foster, Jenks Follett, the Providence County Savings Bank, Herbert E. Foster and Mars-den J. Perry, for the restoration of a mortgage given by Ellen A. Foster to the plaintiff Willcox, and by him assigned to the plaintiff Hawes, and alleged to have been discharged on the record by Willcox by mistake.
Read the full summary
Bill in equity, filed June 2, 1877, by Henry T. Willcox and Charles Hawes, against Ellen A. Foster, Jenks Follett, the Providence County Savings Bank, Herbert E. Foster and Mars-den J. Perry, for the restoration of a mortgage given by Ellen A. Foster to the plaintiff Willcox, and by him assigned to the plaintiff Hawes, and alleged to have been discharged on the record by Willcox by mistake. The case was referred to a master, who reported the following facts: On October 6, 1873, Ellen A. Foster made and delivered to the plaintiff Willcox, for a valuable consideration, a mortgage for $3800 of a…
1Opinion of the CourtEndicott, J.
The plaintiff Hawes is entitled to have the discharge of his mortgage cancelled, and the mortgage restored to the record as an existing incumbrance on the estate. It *323sufficiently appears from the evidence and from the findings of the master that this mortgage, which was a second mortgage, was by mistake discharged by Willcox, after it had been assigned by him to Hawes, and before the assignment had been recorded. He intended to discharge only the first mortgage, which had been paid, but discharged the second also. As against the mortgagor, who has not paid the debt secured by the mortgage, no…
2Cases cited8 opinions
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Greene v. . WarnickNew York Court of Appeals · 1876
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Gillig v. . MaassNew York Court of Appeals · 1863
- Clute v. RobinsonNew York Supreme Court · 1807
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Provident Co-Operative Bank v. James Talcott, Inc.Massachusetts Supreme Judicial Court · 1970
- North Easton Co-operative Bank v. MacLeanMassachusetts Supreme Judicial Court · 1938
- General Builders Supply Co. v. Arlington Co-Operative BankMassachusetts Supreme Judicial Court · 1971
- Worcester North Savings Institution v. FarwellMassachusetts Supreme Judicial Court · 1935
- Waltham Co-operative Bank v. BarryMassachusetts Supreme Judicial Court · 1918
6 more not listed; retrieve them via the Exa API.