Provident Institution for Savings v. Merrill

Merrill, on October 25, 1910, gave a note to the plaintiff, hereinafter called the bank, in the sum of $15,000, payable in five years, and secured by a mortgage on premises in Boston owned by him. The note was witnessed by one Sawyer. Merrill conveyed these premises to Bradlee on May 29, 1911, subject to the bank’s mortgage, which Bradlee agreed to assume and pay. After making this conveyance, Merrill had no interest in the property and did “Nothing whatever” in connection with the mortgage. He made no payments upon the note nor any written acknowledgment of the indebtedness nor any…