Nesson v. Millen
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTBACT, each upon a mortgage note, dated September 23, 1902, payable to the plaintiff, or order, and indorsed by the defendant before delivery, the declarations alleging that each note was secured by a mortgage upon real estate, and that the real estate was sold under the power of sale in the mortgage for a sum less than the amount of the note.
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Two ACTIONS OF CONTBACT, each upon a mortgage note, dated September 23, 1902, payable to the plaintiff, or order, and indorsed by the defendant before delivery, the declarations alleging that each note was secured by a mortgage upon real estate, and that the real estate was sold under the power of sale in the mortgage for a sum less than the amount of the note. Writs dated respectively September 14 and 17, 1908. The defendant’s answer in each case was' a general denial, with averments that he indorsed the notes in question for the plaintiff’s accommodation and without consideration. In the…
1Opinion of the CourtMorton, J.
Each of these two actions is upon a mortgage note payable to the plaintiff or order and indorsed by the defendant before delivery. The actions are against the defendant as indorser, and were tried together. The defendant offered to prove that he had entered into a written agreement with the plaintiff for the purchase of the property covered by the mortgages, and that the plaintiff was to convey it to him subject to a mortgage of $10,000; that the plaintiff was unable to carry out this agreement by reason of the fact that there was a bank mortgage of $5,000 which he was unable to get…
2Cases cited2 opinions
- Hamburger v. MillerCourt of Appeals of Maryland · 1878
- Case v. SpauldingSupreme Court of Connecticut · 1856
3Cited by8 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Neal v. WilsonMassachusetts Supreme Judicial Court · 1913
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Wolff v. PerkinsMassachusetts Supreme Judicial Court · 1925
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