Westall v. Wood
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 19, 1911, and amended on February 9, 1912, to enforce an equitable lien on certain lumber in the hands of the defendant as security for the sum of $584.28 paid by the plaintiff upon an order drawn by the defendant upon the plaintiff in favor of the Hutchinson Lumber Company and accepted by the plaintiff under the circumstances stated below.
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Bill in equity, filed in the Superior Court on December 19, 1911, and amended on February 9, 1912, to enforce an equitable lien on certain lumber in the hands of the defendant as security for the sum of $584.28 paid by the plaintiff upon an order drawn by the defendant upon the plaintiff in favor of the Hutchinson Lumber Company and accepted by the plaintiff under the circumstances stated below. The case was heard by Jenney, J., who found the following facts: On October 21, 1911, the defendant gave a mortgage dated September 15, 1911, to one Collamore and others, trustees for the First Parish…
1Opinion of the CourtRugg, C. J.
The defendant executed and delivered a mortgage on real estate. It was agreed that the amount to be lent *544on the mortgage should be advanced from time to time to pay for the purchase price of the land and for the erection of a building thereon as its construction progressed. At the time of the execution and delivery of the mortgage, the defendant requested of the mortgagee an order to enable him to buy materials for the building, stating that he had no means to get them without an order. The mortgagee demanded assurance that the materials, if so procured, should be used on the mortgaged…
2Cases cited9 opinions
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Society of Shakers at Pleasant Hill v. WatsonCourt of Appeals for the Sixth Circuit · 1895
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910
- Elmore v. SymondsMassachusetts Supreme Judicial Court · 1903
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3Cited by35 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Hanson v. BradleyMassachusetts Supreme Judicial Court · 1937
- Delval v. GagnonMassachusetts Supreme Judicial Court · 1912
- Hurley v. Boston Railroad Holding Co.Massachusetts Supreme Judicial Court · 1944
- Milam v. MilamTennessee Supreme Court · 1917
30 more not listed; retrieve them via the Exa API.