Spencer Savings Bank v. Cooley
Massachusetts Supreme Judicial Court
Contract, on a bond for SI,000- The ease was submitted to the Superior Court, and, after judgment for the defendants by Maynard, J., to this court, on appeal, upon agreed facts, the nature of which appears in the opinion. If the plaintiff was entitled to recover, judgment was to be entered for him for such amount as should be proper; otherwise judgment was to be entered for the defendants.
1Opinion of the Court
Morton, J..
This is an action on a bond against one Mary L. Cooley, as principal, and Gilbert E. Russell and George P. B. Alderman, as sureties, to recover for a breach of a condition to save the plaintiff harmless “ from all mechanic’s and other liens ” on certain property belonging to said Mary L. Cooley, on which the plaintiff took a mortgage, and from “ all expenses, costs, and charges arising out of any such lien or liens.” The mortgage was foreclosed by the plaintiff for non-payment of taxes and interest. In the notice of the foreclosure sale it was stated that the “ premises will be…
2Cases cited3 opinions
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Skilton v. RobertsMassachusetts Supreme Judicial Court · 1880
- Brown v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1892
3Cited by7 opinions
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Milton Savings Bank v. United StatesMassachusetts Supreme Judicial Court · 1963
- Barry v. DudleyMassachusetts Supreme Judicial Court · 1933
- Natick Five Cents Savings Bank v. BaileyMassachusetts Supreme Judicial Court · 1940
- Spaulding v. Quincy Trust Co.Massachusetts Supreme Judicial Court · 1943
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