Wadsworth v. Glynn
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $2500, dated October 29,1874, payable in five years from date to the plaintiff or order, and signed by the defendants. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff in the sum of $276.44; and the defendants alleged exceptions, which appear in the opinion.
1Opinion of the CourtEndicott, J.
The answer of the defendants admits the making of the note, and the only defence set up is payment. It *221alleges that the note was secured by a mortgage on real estate ; that the plaintiff sold the premises by auction, and purchased the same under a power contained in the mortgage ; that he so negligently and fraudulently conducted the sale that the estate brought less than the amount due on the note; and that, if the sale had been properly managed, the note would have been fully discharged.
This would be a good defence to the plaintiff’s claim, as held in Howard v. Ames, 3 Met. 308; and, if…
2Cases cited2 opinions
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Barbaroux v. WatersCourt of Appeals of Kentucky · 1860
3Cited by4 opinions
- First National Bank v. WatkinsMassachusetts Supreme Judicial Court · 1891
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
- Taylor v. WeingartnerMassachusetts Supreme Judicial Court · 1916
- Pabujian v. PabujianMassachusetts Supreme Judicial Court · 1929