Legal Opinion

Hyannis Savings Bank v. Moors

Massachusetts Supreme Judicial Court

Decided June 26, 1876PublishedCited by 2 opinions

The first CASE was an action of contract on the following agreement signed by the defendant, and dated August 17, 1871: “ In consideration of one dollar to me paid by the Hyannis Savings Bank, a corporation in Barnstable, doing business under the laws of the Commonwealth of Massachusetts, the receipt whereof is hereby acknowledged, I hereby agree, to and with said bank, to cause to be fully completed, without unnecessary delay, the several houses this day mortgaged to said…

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The first CASE was an action of contract on the following agreement signed by the defendant, and dated August 17, 1871: “ In consideration of one dollar to me paid by the Hyannis Savings Bank, a corporation in Barnstable, doing business under the laws of the Commonwealth of Massachusetts, the receipt whereof is hereby acknowledged, I hereby agree, to and with said bank, to cause to be fully completed, without unnecessary delay, the several houses this day mortgaged to said bank by Ezra D. Winslow, situate in Boston, in the state aforesaid, on the southwest side of Westminster Street, hereby…

1Opinion of the CourtAmes, J.

The subject matter of the contract was certain houses which had been begun and were in part finished. So far as appearances went the finishing that remained to be carried out was “the inside painting, papering, bell-hanging and the like.” We must assume that the plaintiffs made such examination of the buildings as they saw fit; that they must have seen what kind of houses they were intended to be, must have understood what parts of them appeared to be finished, and were content to lend their money upon a mortgage upon them, provided security should be given that they should be finished as…

2Cited by2 opinions

  1. Jobe v. CaldwellSupreme Court of Arkansas · 1910
  2. Norway Plains Savings Bank v. MoorsMassachusetts Supreme Judicial Court · 1883

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