Tripp v. Babcock
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 8, 1904, by the holder of a second mortgage on certain real estate on Lindsey Street in that part of Boston called Dorchester against William W. Babcock, the mortgagee under a first mortgage of the same property, and the William W. Babcock Company, a corporation, the assignee of the first mortgage, which had foreclosed that mortgage and sold the property under a power of sale in the mortgage, for an accounting, alleging…
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Bill in equity, filed in the Superior Court on March 8, 1904, by the holder of a second mortgage on certain real estate on Lindsey Street in that part of Boston called Dorchester against William W. Babcock, the mortgagee under a first mortgage of the same property, and the William W. Babcock Company, a corporation, the assignee of the first mortgage, which had foreclosed that mortgage and sold the property under a power of sale in the mortgage, for an accounting, alleging that the defendants had included in the amount claimed to be due under the first mortgage certain items which should not…
1Opinion of the CourtSheldon, J.
1. On the facts found by the master, the fourth item in the defendant’s account for $247 was rightly allowed. This amount was really paid by Babcock to Garland in the manner agreed upon between them when the mortgage was given. The fallacy of the plaintiff’s argument is in its assumption that it was the duty of Babcock to see to _it that what he advanced under the mortgage went, after the dischai’ge of the previous mortgages, to pay for the expenses of improving the property by erecting a building thereon. But this is not so, nor did Babcock owe any duty to the plaintiff to see that this…
2Cases cited3 opinions
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Bangs v. FallonMassachusetts Supreme Judicial Court · 1901
- Lewin v. FolsomMassachusetts Supreme Judicial Court · 1898
3Cited by6 opinions
- Poorvu v. WeisbergMassachusetts Supreme Judicial Court · 1934
- Brooklyn Trust Co. v. Fairfield Gardens, Inc.New York Court of Appeals · 1932
- Barry v. General Mortgage & Loan Corp.Massachusetts Supreme Judicial Court · 1926
- Kempton v. BoyleMassachusetts Supreme Judicial Court · 1919
- Tierney v. Citizens Savings BankSupreme Court of Rhode Island · 1931
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