Manning v. Anthony
Massachusetts Supreme Judicial Court
Contract by the executors of the will of Charles H. Hayden, upon an oral agreement alleged to have been made by the defendant to pay a certain mortgage note for $5,000, dated August 4, 1900, signed by Warren D. Vinal and payable to Albert L. Jewell or order on August 4, 1902, with interest payable semiannually at the rate of five per cent per annum, the note being secured by a mortgage on a lot of land with the buildings thereon numbered 206 on Bay State Road in Boston, the…
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Contract by the executors of the will of Charles H. Hayden, upon an oral agreement alleged to have been made by the defendant to pay a certain mortgage note for $5,000, dated August 4, 1900, signed by Warren D. Vinal and payable to Albert L. Jewell or order on August 4, 1902, with interest payable semiannually at the rate of five per cent per annum, the note being secured by a mortgage on a lot of land with the buildings thereon numbered 206 on Bay State Road in Boston, the plaintiffs’ testator being the assignee of the note and the mortgage and the defendant being the purchaser of the equity…
1Opinion of the CourtBraley, J.
The evidence warranted the special findings of the jury, that the defendant agreed to pay the overdue mortgage note if the plaintiff would not foreclose, and that in reliance upon the promise foreclosure proceedings were not instituted. *403The title to the equity of redemption stood in the defendant’s name, but the note and mortgage having been given by his grantor, the principal defense is, that, if the promise was collateral, no sufficient memorandum in writing was ever given, or if original, the agreement was not to be performed within one year from its date, and the action, therefore, is…
2Cases cited11 opinions
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Welch v. GoodwinMassachusetts Supreme Judicial Court · 1877
- In re KeohaneMassachusetts Supreme Judicial Court · 1901
- Paul v. WilburMassachusetts Supreme Judicial Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- George Lawley & Son Corp. v. BuffMassachusetts Supreme Judicial Court · 1918
- Kahn v. WaldmanMassachusetts Supreme Judicial Court · 1933
- Kalker v. BailenMassachusetts Supreme Judicial Court · 1935
- See v. NorrisMassachusetts Supreme Judicial Court · 1920
9 more not listed; retrieve them via the Exa API.