Legal Opinion

Union Trust Co. v. Hasseltine

Massachusetts Supreme Judicial Court

Decided January 5, 1909PublishedCited by 14 opinions

Contract to recover the balance alleged to be due upon a certain promissory note signed by the defendant, payable to the plaintiff, with which three mortgages for $3,000 each had been deposited by the defendant with the plaintiff as collateral security therefor.

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Contract to recover the balance alleged to be due upon a certain promissory note signed by the defendant, payable to the plaintiff, with which three mortgages for $3,000 each had been deposited by the defendant with the plaintiff as collateral security therefor. Writ in the Municipal Court of the City of Boston dated November 26, 1907. On appeal to the Superior Court the case was tried before Crosby, J. The plaintiff introduced the note with the indorsements thereon, and rested. The defendant then offered to prove the following facts: That originally the defendant deposited with the plaintiff…

1Opinion of the CourtKnowlton, C. J.

The defendant pledged to the plaintiff three mortgages, as collateral security for the payment of his promissory note. The contract of pledge gave the plaintiff “ full power and authority to sell and assign and deliver the whole of said property, or any part thereof, or any substitute therefor, or any addition thereto, at any brokers’ board, or any public or private sale, at the option of said trust company or its *417president or treasurer, or its or their or either of their assigns, and with the right to be the purchasers themselves at such brokers’ board, or public or private sale, on the…

2Cases cited4 opinions

  1. Montague v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1878
  2. Jennings v. WyzanskiMassachusetts Supreme Judicial Court · 1905
  3. Stevens v. Dedham Institution for SavingsMassachusetts Supreme Judicial Court · 1880
  4. Lord v. HartfordMassachusetts Supreme Judicial Court · 1900

3Cited by14 opinions

  1. Hunt v. Rosenbaum Grain Corp.Illinois Supreme Court · 1934
  2. United States Trust Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1923
  3. First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
  4. Whitney v. NolanMassachusetts Supreme Judicial Court · 1937
  5. Brightson v. . ClaflinNew York Court of Appeals · 1919

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