Bearse v. Lebowich
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 22, 1910, against Max Lebowich and Jacob Lebowich, alleging in substance that two partners doing business under 'the name of Flashman Brothers, having been adjudicated bankrupt and being desirous of making a- composition with their creditors, sought from the defendant Max Lebowich (hereinafter called the defendant) a loan of $14,353, for which they agreed to give security of various kinds; that the plaintiff, as further…
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Bill in equity, filed in the Superior Court on November 22, 1910, against Max Lebowich and Jacob Lebowich, alleging in substance that two partners doing business under 'the name of Flashman Brothers, having been adjudicated bankrupt and being desirous of making a- composition with their creditors, sought from the defendant Max Lebowich (hereinafter called the defendant) a loan of $14,353, for which they agreed to give security of various kinds; that the plaintiff, as further security for such loan, to be used if that given by Flashman Brothers was insufficient, gave to the defendant the…
1Opinion of the CourtBraley, J.
The trial judge, whose finding is not disputed, having decided, that the defendant, Jacob Lebowich, by whom the foreclosure proceedings were instituted, was not a purchaser for value of the mortgage, but acted only as the agent of the defendant Max Lebowich, the question is, whether under the frame of the bill, and upon the evidence reported, the plaintiff, who is the mortgagor, is entitled to equitable relief.
It is true, that on the face of the agreement in writing signed by the plaintiff he is not designated as a surety for the copartnership described as Flashman Brothers, whose…
2Cases cited23 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Arnold v. . GreenNew York Court of Appeals · 1889
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1924
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- Bearse v. LebowichMassachusetts Supreme Judicial Court · 1920
- Matthews v. MatthewsSupreme Judicial Court of Maine · 1930