Ryder v. Ellis
Massachusetts Supreme Judicial Court
Contract. Writ dated September 16, 1920. The declaration was in two counts. In the first count the plaintiff alleged that on July 11, 1917 he gave to the defendant a mortgage for $5,000 of his property located on Main Street in the city of Brockton, subject to three mortgages held by the Brockton Savings Bank aggregating $33,500; that on January 18, 1918, the defendant foreclosed the plaintiff’s mortgage by auction sale of the premises, buying the premises himself at the…
Read the full summary
Contract. Writ dated September 16, 1920. The declaration was in two counts. In the first count the plaintiff alleged that on July 11, 1917 he gave to the defendant a mortgage for $5,000 of his property located on Main Street in the city of Brockton, subject to three mortgages held by the Brockton Savings Bank aggregating $33,500; that on January 18, 1918, the defendant foreclosed the plaintiff’s mortgage by auction sale of the premises, buying the premises himself at the auction for $8,100, subject to the mortgages held by the Brockton Savings Bank and outstanding taxes; that, at the time of…
1Opinion of the CourtJenney, J.
The defendant, Merton F. Ellis, on January 18, 1918, foreclosed under the power of sale contained therein a fourth mortgage for $5,000 upon real estate of the plaintiff, Henry H. Ryder. The plaintiff sues for the surplus remaining after satisfaction of the amount due the defendant under the mortgage, and for other moneys received by the defendant for his use. The answer, so far as now material, was a general denial and payment, the latter defence being set up generally and in detail. The defendant, in a declaration in set-off, also sought judgment for many of the amounts as to which he had…
2Cases cited14 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Walker v. RussellMassachusetts Supreme Judicial Court · 1922
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Proctor v. ColeIndiana Supreme Court · 1885
- Straus v. Eagle InsuranceOhio Supreme Court · 1855
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Nicholas v. Lewis Furniture Co.Massachusetts Supreme Judicial Court · 1935
- Sogomonian v. C. F. Hovey Co.Massachusetts Supreme Judicial Court · 1926
- Gifford v. EastmanMassachusetts Supreme Judicial Court · 1925
1 more not listed; retrieve them via the Exa API.