Wing v. Hayford
Massachusetts Supreme Judicial Court
Contract for the balance due on a promissory note dated May 2, 1873, for $8000, payable in three years from date to the plaintiff or order, signed by the defendant, and secured by a mortgage of land in Boston.
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Contract for the balance due on a promissory note dated May 2, 1873, for $8000, payable in three years from date to the plaintiff or order, signed by the defendant, and secured by a mortgage of land in Boston. Writ dated September 18, 1876. Trial in the Superior Court, before Putnam, J., who, after verdict for the plaintiff, reported the case for the determination of this court, in substance as follows : The mortgage given to secure the note authorized the mortgagee, on breach of condition, to “ sell the granted premises by public auction in said Boston, first publishing a notice of the time…
1Opinion of the CourtEndicott, J.
The court is of opinion that judgment must be entered on the verdict. The plaintiff had the right to sell the premises by auction, upon breach of the conditions of the mortgage, and could himself become the purchaser. If the proceeds of the sale were not sufficient to pay the note, an action could be maintained for the balance. Draper v. Mann, 117 Mass. 439. . It appears that there was a breach of the conditions ; that the defendant was notified, before the advertisement, that the premises would be sold unless the note was paid, but failed to take any action. The sale was duly advertised, the…
2Cases cited3 opinions
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
- King v. BronsonMassachusetts Supreme Judicial Court · 1877
- Pope v. BurrageMassachusetts Supreme Judicial Court · 1874
3Cited by16 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
- Conway Savings Bank v. VinickMassachusetts Supreme Judicial Court · 1934
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