Richards v. Killam
Massachusetts Supreme Judicial Court
The declaration was in case, “ for that whereas, on the 14th day of November last, at Lenox aforesaid, the said Lyman was seised in fee of two certain tracts of land lying, &c., which he held subject to the encumbrance of a certain mortgage, made and executed by one Jeremiah Root to the president, &c., of the Boston Bank, bearing date on the 15th day of July, 1803, and given to secure to the said mortgagees the payment of the sum of 500 dollars, on the 15th day of July next…
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The declaration was in case, “ for that whereas, on the 14th day of November last, at Lenox aforesaid, the said Lyman was seised in fee of two certain tracts of land lying, &c., which he held subject to the encumbrance of a certain mortgage, made and executed by one Jeremiah Root to the president, &c., of the Boston Bank, bearing date on the 15th day of July, 1803, and given to secure to the said mortgagees the payment of the sum of 500 dollars, on the 15th day of July next after the date of said mortgage, with interest from the time it should fall due until paid ; on which mortgage there was…
1Opinion of the CourtSewall, J.
In this action of assumpsit the plaintiff sets forth the bargain and consideration which induced the assign- [ * 243 ] ment * of the bond, and the offer of the assignment on the part of the defendant; and alleges a promise thereon that the instrument purporting to be the bond, <fcc., was genuine and valid, and that the condition thereof was broken, and the obligors liable to pay ; and further avers that, confiding in these promises, the plaintiff conveyed the estate to the defendant, which was the consideration of the assignment; and that he thereupon assigned the bond to the plaintiff, and…
2Cases cited8 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Mumford v. McPhersonNew York Supreme Court · 1806
- Sommerville v. StephensonSupreme Court of Alabama · 1831
- Monell v. ColdenNew York Supreme Court · 1816
- Miller v. WatsonNew York Supreme Court · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hinkley v. FowlerSupreme Judicial Court of Maine · 1839