Hennessey v. Connor
Massachusetts Supreme Judicial Court
Contract upon the following agreement in writing, dated December 13, 1880, and signed by the plaintiff and the defendant : “ We, Hannah and Grant Connor, agree to pay Catherine Hennessey seven hundred and fifty dollars on second mortgage on a house, 58 Northfield Street, owned now by Hannah and Grant Connor.
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Contract upon the following agreement in writing, dated December 13, 1880, and signed by the plaintiff and the defendant : “ We, Hannah and Grant Connor, agree to pay Catherine Hennessey seven hundred and fifty dollars on second mortgage on a house, 58 Northfield Street, owned now by Hannah and Grant Connor. We also agree to give her a tenement, consisting of two attic rooms when vacated; if any disturbance should arise hereafter, she is to leave in forty-eight hours, and we agree to pay her five dollars a month until such time as she shall receive the principal.” Answer: 1. A general denial.…
1Opinion of the CourtW. Allen, J.
If the $900 advanced by the plaintiff towards the purchase of the place was a loan by the plaintiff to the defendants to enable them to make the purchase, a debt was created from the defendants to the plaintiff which was a sufficient consideration for the promise declared on, although the deed was taken in the name of the plaintiff as security for the debt; the plaintiff held the land as security, and the debt was not extinguished. Campbell v. Dearborn, 109 Mass. 130. McDonough v. Squire, 111 Mass. 217, McDonough v. O’Niel, 113 Mass. 92. The instructions given were correct.
Judgment on the…
2Cases cited3 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- McDonough v. SquireMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Bourke v. CallananMassachusetts Supreme Judicial Court · 1893
- Alexander v. GroverMassachusetts Supreme Judicial Court · 1906
- Hutchings v. ClerkMassachusetts Supreme Judicial Court · 1917