Hampden Cotton Mills v. Payson
Massachusetts Supreme Judicial Court
Contract, under the Gen. Sts. e. 140, § 80, to recover $2700, alleged to have been paid the defendants in excess of what was due, under protest, and after a threat to foreclose a mortgage of land, held by the defendants, unless such payment was made. At the trial in the Superior Court, before Wilkinson, J., without a jury, it appeared that, in January 1877, the defendants conveyed the land to Ebenezer G. Lamson, who the same day mortgaged it to the defendants.
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Contract, under the Gen. Sts. e. 140, § 80, to recover $2700, alleged to have been paid the defendants in excess of what was due, under protest, and after a threat to foreclose a mortgage of land, held by the defendants, unless such payment was made. At the trial in the Superior Court, before Wilkinson, J., without a jury, it appeared that, in January 1877, the defendants conveyed the land to Ebenezer G. Lamson, who the same day mortgaged it to the defendants. Lamson subsequently sold the land to the plaintiff corporation, and it assumed and agreed to pay the mortgage. The mortgage contained…
1Opinion of the CourtSoule, J.
In an action to foreclose a mortgage, evidence is admissible to identify the note or other instrument secured by *90the mortgage, though the description of it in the condition of the mortgage he in some particulars inaccurate. Hall v. Tufts, 18 Pick. 455. Pierce v. Parker, 4 Met. 80. Clark v. Houghton, 12 Gray, 38. The plaintiff does not seek to foreclose a mortgage, but to recover, under the provisions of the Gen. Sts. c. 140, § 30, the interest on thirty thousand dollars for eighteen months, which it alleges that it paid the defendants, in excess of the amount due on a mortgage on its land, in…
2Cases cited1 opinion
- Hayes v. GoodwinCourt of Appeals of Kentucky · 1862
3Cited by8 opinions
- Ratner v. HillMassachusetts Supreme Judicial Court · 1930
- Charlestown Five Cents Savings Bank v. ZeffMassachusetts Supreme Judicial Court · 1931
- Payson v. LamsonMassachusetts Supreme Judicial Court · 1883
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
- Hall v. TayMassachusetts Supreme Judicial Court · 1881
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