North Adams Hoosac Savings Bank v. Genovese
Massachusetts District Court, Appellate Division
1Opinion of the CourtGarvey, P.J.
In this action of contract there was a finding for the plaintiff (the bank) in the amount of $1033.90, the deficiency due on a mortgage note after the foreclosure of the mortgage. The defendant pleaded a general denial and failure by the plaintiff to comply with the provisions of G.L. c. 244, % 77. The case was submitted on a statement of agreed facts and from the finding the defendants claimed a report.
“It was the duty of the trial judge and it is our duty to order the correct judgment on the agreed facts.” Quintin Vespa Co. v. Construction Service Co., 343 Mass. 547, 551-552. Simmons v.…
2Cases cited8 opinions
- Quintin Vespa Co. Inc. v. Construction Service Co.Massachusetts Supreme Judicial Court · 1962
- Tanzilli v. CasassaMassachusetts Supreme Judicial Court · 1949
- Steffe v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Sherrer v. SherrerMassachusetts Supreme Judicial Court · 1946
- Simmons v. Cambridge Savings BankMassachusetts Supreme Judicial Court · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Superintendent of Bournewood Hospital v. PetersMassachusetts District Court, Appellate Division · 1986