Williams v. Fowle
Massachusetts Supreme Judicial Court
Contract by Bridget Williams and Andrew Williams, her husband, upon the promise contained in a deed of real estate to the defendants, made by Andrew Williams and Bridget Williams, in her right, dated November 13, 1874, wherein they covenant that the “ granted premises are free from all incumbrances excepting a mortgage thereof for three thousand dollars, which, with the interest therein, the grantees assume and agree to pay, the same forming a part of the consideration…
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Contract by Bridget Williams and Andrew Williams, her husband, upon the promise contained in a deed of real estate to the defendants, made by Andrew Williams and Bridget Williams, in her right, dated November 13, 1874, wherein they covenant that the “ granted premises are free from all incumbrances excepting a mortgage thereof for three thousand dollars, which, with the interest therein, the grantees assume and agree to pay, the same forming a part of the consideration hereof.” Writ dated June 21, 1880. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of…
1Opinion of the CourtDevens, J.
1. It is objected that the action cannot be maintained by Bridget and Andrew Williams, and this upon the ground that, Andrew having become insolvent, all his legal or beneficial interest in the contract vested in his assignee. That interest was thereafter sold to George H. Remele, acting on behalf of Catherine P. Ireland, who had become entitled by purchase to the mortgage, which the defendants had agreed to pay. As an action may be brought in the name of the insolvent for the benefit of one who has purchased a chose in action from the assignee in insolvency, there can be no reason why the…
2Cases cited5 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Reed v. PaulMassachusetts Supreme Judicial Court · 1881
- Scott v. HarmonMassachusetts Supreme Judicial Court · 1872
- Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
3Cited by17 opinions
- White v. SchaderCalifornia Supreme Court · 1921
- Baskin v. PassMassachusetts Supreme Judicial Court · 1939
- Saladini v. RighellisMassachusetts Supreme Judicial Court · 1997
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Gilbert-Arnold Land Co. v. O'HareWisconsin Supreme Court · 1896
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