Gilson v. Nesson
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of Mary E. Walker, for a balance alleged to be due upon a note secured by a mortgage given by the defendant to the plaintiff’s intestate upon certain real estate, after crediting the proceeds of a foreclosure sale of the estate. Writ dated March 3,1906. In the Superior Court the case was tried before Fessenden, J., without a jury. At the trial the plaintiff introduced in evidence the note with the indorsements thereon, and rested.
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Contract, by the administrator of the estate of Mary E. Walker, for a balance alleged to be due upon a note secured by a mortgage given by the defendant to the plaintiff’s intestate upon certain real estate, after crediting the proceeds of a foreclosure sale of the estate. Writ dated March 3,1906. In the Superior Court the case was tried before Fessenden, J., without a jury. At the trial the plaintiff introduced in evidence the note with the indorsements thereon, and rested. The defendant introduced evidence tending to show a release of the defendant from further liability on the note. The…
1Opinion of the CourtBraley, J.
The finding for the plaintiff upon conflicting evidence disposes of the defense, that for a new consideration accepted by her and executed by the defendant the plaintiff’s *370intestate, who was the mortgagee, agreed to take the mortgaged property under foreclosure proceedings in satisfaction of the mortgage debt, and also establishes all material facts involved in the controversy upon which the right of the plaintiff to recover depended. American Malting Co. v. Souther Brewing Co. 194 Mass. 89.
The mortgagee purchased the property at the sale, and the defendant, having advanced the expenses of…
2Cases cited12 opinions
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Brooks v. BennettMassachusetts Supreme Judicial Court · 1931
- Doujotos v. LeventhalMassachusetts Supreme Judicial Court · 1930
- Conway Savings Bank v. VinickMassachusetts Supreme Judicial Court · 1934
- Ansin v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1922
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