Union Institution for Savings v. Hill
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing by the defendant to pay a promissory note for $1300, given by one Bernard to the plaintiff, and secured by a mortgage of land in Somerville. Trial in the Superior Court, without a jury, before Mason, J., who ruled that the plaintiff could not recover, and found for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The plaintiff, holding a mortgage on a lot of land described as lot 28, took another mortgage covering the same lot, and also a part of another lot described as lot 22, upon which last lot there was no prior mortgage. Afterwards, the defendant, for a good consideration, promised in writing to pay the note secured by the second mortgage, with a provision that the mortgagee should then assign said mortgage and note to him. He thus stood in the relation of surety, and for the protection of his interests the plaintiff was bound so to deal with the mortgage security as not to injure him. By the…
2Cases cited6 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
- Donohue v. ChaseMassachusetts Supreme Judicial Court · 1881
- Worcester Mechanics' Savings Bank v. ThayerMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kerse v. MillerMassachusetts Supreme Judicial Court · 1897
- Beacon Trust Co. v. RobbinsMassachusetts Supreme Judicial Court · 1899
- United States v. Kenneth OlsenCourt of Appeals for the First Circuit · 1975