Barry v. Dow
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 20, 1920, by the plaintiffs as Trustees of the Greater Boston Realty Trust, seeking to redeem certain real estate from a mortgage which the defendant had entered to foreclose. In the Superior Court, the suit was referred to a master.
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Bill in equity, filed in the Superior Court on April 20, 1920, by the plaintiffs as Trustees of the Greater Boston Realty Trust, seeking to redeem certain real estate from a mortgage which the defendant had entered to foreclose. In the Superior Court, the suit was referred to a master. It appeared that, while the defendant had possession of the premises in question, she collected rents in the amount of $10,871, and at the hearing before the master she contended that she should be allowed, and that the plaintiffs should be charged, with $652.26 as "agent’s commission for care and management of…
1Opinion of the Court
By the Court.
This suit in equity as it now stands is an action for accounting in the nature of a bill to redeem against a mortgagee in possession of real estate. The single contention made now by the plaintiffs is that there are no facts which warrant the allowance of any sum larger than the five per cent on the rents collected by the mortgagee while in possession. The rule of law governing this subject was stated in Adams v. Brown, 7 Cush. 220, at page 222, in these words: “In many cases, a commission of five per cent on the rents received would be wholly inadequate, while in other cases, it…
2Cases cited5 opinions
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- Montague v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1878
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1870
- Calvert v. SasseenCourt of Appeals of Kentucky · 1863
- Clark v. StoryMassachusetts Supreme Judicial Court · 1911
3Cited by3 opinions
- Davidson v. ZiemanMassachusetts Supreme Judicial Court · 1933
- MacNeil Bros. Co. v. Cambridge Savings BankMassachusetts Supreme Judicial Court · 1956
- Barry v. HarlowMassachusetts Supreme Judicial Court · 1922