Hyland v. Habich
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 20, 1888, to redeem land from a mortgage. The case was heard on the pleadings and an agreed statement of facts, by Blodgett, J., who reserved it for the determination of this court, in substance as follows. The first named defendant, a resident of Germany, is and has been for many years engaged in the business of manufacturing and selling ales, and the other defendant was his attorney and representative.
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Bill in equity, filed in the Superior Court on August 20, 1888, to redeem land from a mortgage. The case was heard on the pleadings and an agreed statement of facts, by Blodgett, J., who reserved it for the determination of this court, in substance as follows. The first named defendant, a resident of Germany, is and has been for many years engaged in the business of manufacturing and selling ales, and the other defendant was his attorney and representative. On April 27, 1880, Bridget Hyland, wife of Matthew Hyland, who was then indebted to Habich for ales purchased of him, executed and…
1Opinion of the CourtKnowlton, J.
The mortgage, which under the agreed statement of facts the plaintiffs seek to redeem, was given to secure the payment, first, of an existing indebtedness due from Matthew Hyland, and, secondly, of such indebtedness as might afterwards accrue from the sale or consignment of goods to said Hyland. The debt then existing was long ago paid, and' we need to consider only that part of the mortgage which relates to the indebtedness thereafter to be contracted.
*114The language of the condition in the mortgage impliedly gave the mortgagee a right to sell goods to said Hyland for an indefinite time upon…
2Cases cited1 opinion
- Jordan v. DobbinsMassachusetts Supreme Judicial Court · 1877
3Cited by23 opinions
- Bedford v. KelleyMichigan Supreme Court · 1913
- Gay v. WardSupreme Court of Connecticut · 1895
- Lorch's EstateSupreme Court of Pennsylvania · 1925
- Klatte v. Franklin State BankWisconsin Supreme Court · 1933
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
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