Flye v. Berry
Massachusetts Supreme Judicial Court
Bill in equity, filed December 13, 1900, by the purchaser at a foreclosure sale under a mortgage given by one Lawrence McGinnis to the Roxbury Brewing Company on September 15, 1898, to restrain the foreclosure of a prior mortgage given by the same mortgagor to the Milford Co-operative Bank on September 17, 1895, and assigned by that bank to the defendant on June 28, 1899, alleging that on or about March 17, 1899, the debt secured by the defendant’s mortgage had been…
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Bill in equity, filed December 13, 1900, by the purchaser at a foreclosure sale under a mortgage given by one Lawrence McGinnis to the Roxbury Brewing Company on September 15, 1898, to restrain the foreclosure of a prior mortgage given by the same mortgagor to the Milford Co-operative Bank on September 17, 1895, and assigned by that bank to the defendant on June 28, 1899, alleging that on or about March 17, 1899, the debt secured by the defendant’s mortgage had been discharged by insurance money received by the bank on account of buildings on the premises destroyed by fire, or, if anything…
1Opinion of the CourtKnowlton, J.
The question in this case is whether the plaintiff has a title on which he can maintain this suit. His title rests on a mortgage given by Lawrence McGinnis to the *443Roxbury Brewing Company on September 15, 1898, to secure a note of SI,700 payable one year after that date. On June 15, 1899, the amount due on this note and mortgage was paid by the son of the mortgagor with the mortgagor’s money, and the mortgage was assigned to one Bresnahan, who paid nothing for it but held it for the benefit of the mortgagor. This performance of the condition of the mortgage before the note became due left the…
2Cases cited3 opinions
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Hall & Co. v. RenfroCourt of Appeals of Kentucky · 1860
- Douglas v. StetsonMassachusetts Supreme Judicial Court · 1893
3Cited by7 opinions
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Crowley v. AdamsMassachusetts Supreme Judicial Court · 1917
- McWhorter v. TysonSupreme Court of Alabama · 1919
- Supraner v. Citizens Savings BankMassachusetts Supreme Judicial Court · 1939
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