Legal Opinion
West Roxbury Co-operative Bank v. Bowser
Massachusetts Supreme Judicial Court
Decided June 30, 1949PublishedCited by 40 opinions
1Opinion of the CourtSpalding, J.
This is an action upon a promissory note, secured by a mortgage of real estate, to recover a deficiency after a foreclosure sale. The defendants were the original makers of the note. It was agreed that if the plaintiff was *490entitled to prevail the amount of recovery should be the sum set forth in the declaration. Numerous defences, including the statute of limitations, were pleaded by the defendants, but most of them were not relied on at the trial. In his opening counsel for the defendants stated that the only question was, “Was the note a witnessed note?” Despite that concession the case…
2Cases cited15 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- DesLauries v. SheaMassachusetts Supreme Judicial Court · 1938
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
10 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- MacKenzie v. Flagstar Bank, FSBCourt of Appeals for the First Circuit · 2013
- Williams v. Resolution GGF OyMassachusetts Supreme Judicial Court · 1994
- Pemstein v. StimpsonMassachusetts Appeals Court · 1994
- General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
- Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
35 more not listed; retrieve them via the Exa API.