Coffin v. Adams
Massachusetts Supreme Judicial Court
Conteact, stated in the writ, dated December 23, 1878, to be brought in the name of the plaintiff, as administrator of Langdon Coffin, for the benefit of the Newbury port Five Cents Savings Bank, upon a promise of the defendants, in a deed of land from the intestate to them, to pay a mortgage thereon. Answer, a general denial, and payment.
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Conteact, stated in the writ, dated December 23, 1878, to be brought in the name of the plaintiff, as administrator of Langdon Coffin, for the benefit of the Newbury port Five Cents Savings Bank, upon a promise of the defendants, in a deed of land from the intestate to them, to pay a mortgage thereon. Answer, a general denial, and payment. Trial in the Superior Court, without a jury, at January term 1880, before Allen, J.. who made the following report thereof: On June 14, 1871, Langdon Coffin, in consideration of $2631, conveyed to the defendants land in Newton by a deed describing the…
1Opinion of the CourtGray, C. J.
It is not doubted that in this Commonwealth an action at law upon a stipulation in a deed poll, by which the grantee assumes and agrees to pay as his own debt a previous debt of the grantor, secured by mortgage of the granted premises, can be brought in the name of the grantor only. Mellen v. Whipple, 1 Gray, 317. Prentice v. Brimhall, 123 Mass. 291. National Bank v. Grand Lodge, 98 U. S. 123. United States Mortgage Co. v. Hill, C. C. U. S. Dist. Mass. May term 1879. The question presented by this case is how far the mortgagee has the right, without or against the consent of the grantor, to…
2Cases cited7 opinions
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Halsey v. ReedNew York Court of Chancery · 1842
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Corbett v. WatermanSupreme Court of Iowa · 1860
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3Cited by11 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Codman v. DelandMassachusetts Supreme Judicial Court · 1918
- Evans, Coleman & Evans, Ltd. v. PistorinoMassachusetts Supreme Judicial Court · 1923
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