Hall v. First National Bank of Chelsea
Massachusetts Supreme Judicial Court
Bill in equity, filed June 15,1897, in the Superior Court, by Albert J. Hall and Thomas F. Scanlan, alleging the following facts. On May 9, 1887, the plaintiff Hall was the owner and in possession of certain real estate in Saugus, which on that date he mortgaged for $15,000 to one Eben Hutchinson, and the mortgage was recorded.
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Bill in equity, filed June 15,1897, in the Superior Court, by Albert J. Hall and Thomas F. Scanlan, alleging the following facts. On May 9, 1887, the plaintiff Hall was the owner and in possession of certain real estate in Saugus, which on that date he mortgaged for $15,000 to one Eben Hutchinson, and the mortgage was recorded. The plaintiff Hall was the owner and in possession of certain other land lying in Saugus, which he also mortgaged to Hutchinson for $1,000, the mortgage being dated November 3,1888, and recorded; and also by a second mortgage he mortgaged the same land on the same day…
1Opinion of the CourtHolmes, J.
The understanding alleged in the bill, that the bank would renew the plaintiffs’ notes until such time as the improvement in the business situation should enable the plaintiffs to proceed in business without such assistance, is an understanding which directly contradicts the promise expressed on the face of the notes. For whereas the promise expressed in the notes is a promise to pay money at the maturity of the instrument, the contemporary understanding cuts it down to a promise to give a new promise to pay. It is not denied, and, on the contrary, rather is implied in the bill, that the…
2Cases cited7 opinions
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Bourke v. CallananMassachusetts Supreme Judicial Court · 1893
- Batchelder v. Queen InsuranceMassachusetts Supreme Judicial Court · 1883
- Murray v. DakeCalifornia Supreme Court · 1873
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- O'Brien v. Analog Devices, Inc.Massachusetts Appeals Court · 1993
- Estate of Bogley v. United StatesUnited States Court of Claims · 1975
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
- Beverage Distributors, Inc., a Corporation v. Olympia Brewing Co., a CorporationCourt of Appeals for the Ninth Circuit · 1971
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