Real Estate & Building Co. v. Tufts
Massachusetts Supreme Judicial Court
Contract on a witnessed promissory note for $1400, dated July 12, 1867, signed by the defendant, payable to the plaintiff in yearly instalments, with interest semiannually. In the margin of the note was the following: “ Secured by condition in deed of land in Milton, recorded in Norfolk Registry.”
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Contract on a witnessed promissory note for $1400, dated July 12, 1867, signed by the defendant, payable to the plaintiff in yearly instalments, with interest semiannually. In the margin of the note was the following: “ Secured by condition in deed of land in Milton, recorded in Norfolk Registry.” Writ dated December 18, 1877. The case was submitted to the Superior Court, on agreed facts, in substance as follows: , On July 12, 1867, the plaintiff corporation sold a number of lots of land in Milton to the defendant for $1506.92. The terms of the sale were $106.92 to be paid at the time of…
1Opinion of the CourtAmes, J.
This suit is brought against the defendant, not as a surety or indorser or guarantor for any one else, but to enforce the payment of a note in which he is the principal and original debtor. The condition contained in the deed to him, although it was intended as security for the payment of the note, was one which the plaintiff could enforce or not, at its option. It did not preclude the plaintiff from relying upon the personal credit of the defendant, and collecting the amount due from any and all property belonging to him which could be come at to be attached. To do so would be no violation…
2Cases cited1 opinion
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Mayo v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- Sullivan v. NearyMassachusetts Supreme Judicial Court · 1904
- Brickley v. WrennMassachusetts Supreme Judicial Court · 1925