Vahey v. Bigelow
Massachusetts Supreme Judicial Court
Contract fqr $3,488.21, a balance alleged to be due upon a promissory note secured by a mortgage upon real estate after a foreclosure of the mortgage and sale of the real estate under the power of sale contained in the mortgage. Writ dated July 30,1907. The action originally was brought by Marvel J. Conant and Willis S. Vincent against Henry J., Lewis H. and Samuel B. Bigelow.
Read the full summary
Contract fqr $3,488.21, a balance alleged to be due upon a promissory note secured by a mortgage upon real estate after a foreclosure of the mortgage and sale of the real estate under the power of sale contained in the mortgage. Writ dated July 30,1907. The action originally was brought by Marvel J. Conant and Willis S. Vincent against Henry J., Lewis H. and Samuel B. Bigelow. Conant died before the finding of the judge, and James H. Vahey, the executor of his will, was allowed to appear and prosecute the action in his stead. The answers of the defendants alleged that the foreclosure sale “…
1Opinion of the CourtHammond, J.
This is an action against the makers of a promissory note secured by a power of sale mortgage of real estate, to recover a balance alleged to be due after applying towards the payment of the note the proceeds of the sale of the security. The case was tried in the Superior Court without a jury. At the close of the evidence the defendants asked the judge to rule as matter of law that the plaintiffs were not entitled to recover. The judge refused so to rule, and having so refused found for the plaintiffs in the sum of $4,004.47. The defendants made no special requests for findings either upon…
2Cases cited5 opinions
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- King v. BronsonMassachusetts Supreme Judicial Court · 1877
- Wing v. HayfordMassachusetts Supreme Judicial Court · 1878
- Boutelle v. CarpenterMassachusetts Supreme Judicial Court · 1903
- Wadsworth v. GlynnMassachusetts Supreme Judicial Court · 1881
3Cited by22 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
- McCarthy v. SimonMassachusetts Supreme Judicial Court · 1924
17 more not listed; retrieve them via the Exa API.