Draper v. Mann
Massachusetts Supreme Judicial Court
Bill in equity, filed August 10, 1874, against Benjamin J. Mann, John C. Lloyd and C. B. Lloyd, formerly copartners doing business under the firm of Mann & Lloyd, and alleging the following facts: On January 2, 1871, the firm, for value received, made and delivered to the plaintiff its promissory note for $4500, and promised to pay him the same in instalments faffing due every successive six months after date, with interest at the rate of eight per cent, a year, payable…
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Bill in equity, filed August 10, 1874, against Benjamin J. Mann, John C. Lloyd and C. B. Lloyd, formerly copartners doing business under the firm of Mann & Lloyd, and alleging the following facts: On January 2, 1871, the firm, for value received, made and delivered to the plaintiff its promissory note for $4500, and promised to pay him the same in instalments faffing due every successive six months after date, with interest at the rate of eight per cent, a year, payable semiannually; and at the same time, to secure the payment of the note, made a mortgage to the plaintiff of certain real…
1Opinion of the CourtEndicott, J.
The note upon which this controversy has arisen is dated January 2,1871, and is payable in instalments, falling due every successive six months after date. It was secured by a mortgage upon real estate, which contained a power to sell and dispose of the land upon default made in the payment of all or any part of the money due upon the note. On December 23, 1872, three instalments being then due and unpaid, the plaintiff brought his action at law for their recovery, and attached other property of the defendant, which action is now pending in this court. On June 23, 1873, another instalment…
2Cases cited1 opinion
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
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- Ansara v. ReganMassachusetts Supreme Judicial Court · 1931
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