McDonald v. Green
Massachusetts Supreme Judicial Court
Tort, begun by trustee process. The declaration alleged that the plaintiff was the owner of certain real estate in Boston; that on October 15, 1897, he executed and delivered to one Israel JSTesson a mortgage of the real estate to secure the payment of $3,000, of which $500 was to be paid on demand, and $100 every three months thereafter until the full amount of principal should be paid, together with interest; that on April 8, 1898, Nesson assigned the mortgage to the…
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Tort, begun by trustee process. The declaration alleged that the plaintiff was the owner of certain real estate in Boston; that on October 15, 1897, he executed and delivered to one Israel JSTesson a mortgage of the real estate to secure the payment of $3,000, of which $500 was to be paid on demand, and $100 every three months thereafter until the full amount of principal should be paid, together with interest; that on April 8, 1898, Nesson assigned the mortgage to the defendant Green; that the plaintiff observed and complied with all the conditions of the mortgage, and kept and performed all…
1Opinion of the CourtBarker, J.
1. The defendant’s motion to dismiss the action should have been allowed. The action is in tort, and the substantive wrong charged is that the defendant falsely and maliciously and without justifiable cause began to foreclose a mortgage which he held upon the plaintiff’s land, there having been no breach of the terms or conditions of the mortgage, and published in a newspaper a notice of the foreclosure sale, falsely alleging that the sale was for breach of the condition of the mortgage, and that in consequence of this unlawful act the plaintiff was injured. The alleged maliciously made false…
2Cases cited1 opinion
- Gott v. PulsiferMassachusetts Supreme Judicial Court · 1877
3Cited by14 opinions
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Woodard v. Pacific Fruit & Produce Co.Oregon Supreme Court · 1940
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Buono v. NardellaMassachusetts Supreme Judicial Court · 1962
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