F. W. Zemier & Co. v. Beacon Investment Ass'n
Massachusetts Supreme Judicial Court
Contract against a corporation, the mortgagee of a parcel of land with the buildings thereon numbered 2 on St. Paul Street in Brookline, which had entered to foreclose its mortgage on the property, for $1,692.22 for work and materials performed and furnished in installing a heating system in a garage on the land from October, 1917, until some time in January, 1918. Writ dated February 11, 1918. In the Superior Court the case was tried before Keating, J. The evidence is…
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Contract against a corporation, the mortgagee of a parcel of land with the buildings thereon numbered 2 on St. Paul Street in Brookline, which had entered to foreclose its mortgage on the property, for $1,692.22 for work and materials performed and furnished in installing a heating system in a garage on the land from October, 1917, until some time in January, 1918. Writ dated February 11, 1918. In the Superior Court the case was tried before Keating, J. The evidence is described in the opinion. At the close of the evidence on motion of the defendant the judge ordered a verdict for the…
1Opinion of the CourtCrosby, J.
This is an action of contract to recover for materials furnished and labor performed in the installation of a heating system in a garage. It is agreed that one Flynn, who was the owner of the land on which the garage was erected, on September 27, 1916, executed a mortgage to the defendant for $30,000, which was to be advanced to the mortgagor as the work on the garage progressed; that.the work was started in 1916; that the defendant was the holder of a prior mortgage for $8,000 on the premises, which was assigned to it on September 27, 1916; that on October 17, 1917, the defendant made an…
2Cases cited6 opinions
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Spencer v. SpencerMassachusetts Supreme Judicial Court · 1902
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
- Livingston v. HammondMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Edmund Wright Ginsberg Corp. v. C. D. Kepner Leather Co.Massachusetts Supreme Judicial Court · 1945
- Albert v. Boston Mortgage Bond Co.Massachusetts Supreme Judicial Court · 1921
- True v. LebowichMassachusetts Supreme Judicial Court · 1923
- Robinson v. HathawayMassachusetts Supreme Judicial Court · 1931
- Editors, Inc. v. Westford Regency Inn, Inc.Massachusetts District Court, Appellate Division · 1991