Manning v. Liberty Trust Co.
Massachusetts Supreme Judicial Court
Contract or tort for damages alleged to have resulted to the plaintiff from bad faith and negligence of the defendant in the foreclosure of construction mortgages upon five parcels of land. Writ dated May 10, 1918. In the Superior Court the action was tried before H'itchcoch, J. Material evidence is described in the opinion. At the close of the evidence the plaintiff elected to go to the jury on the counts in tort only.
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Contract or tort for damages alleged to have resulted to the plaintiff from bad faith and negligence of the defendant in the foreclosure of construction mortgages upon five parcels of land. Writ dated May 10, 1918. In the Superior Court the action was tried before H'itchcoch, J. Material evidence is described in the opinion. At the close of the evidence the plaintiff elected to go to the jury on the counts in tort only. The defendant moved that verdicts be ordered in its favor on those counts. The motion was denied. The jury found for the plaintiff on the several counts in tort in sums which…
1Opinion of the CourtPierce, J.
This is an action of contract or tort to recover damages resulting to the plaintiff from the foreclosure under a power of sale, of certain mortgages on five distinct parcels of land situated in Watertown, Massachusetts, and owned by the plaintiff. The declaration as amended is in eight counts, four in contract and four in tort. Each count in tort, after describing a particular mortgaged parcel of land, set out in substance as the .grievance complained of “that in the acceptance of said mortgage the defendant was bound in the exercise of the power of sale therein contained to observe good…
2Cases cited6 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
- Taylor v. WeingartnerMassachusetts Supreme Judicial Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- DesLauries v. SheaMassachusetts Supreme Judicial Court · 1938
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- McCarthy v. SimonMassachusetts Supreme Judicial Court · 1924
5 more not listed; retrieve them via the Exa API.