Burnham v. Wilson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 4, 1910, seeking to compel the discharge of a mortgage, held by one of the defendants, upon premises owned by the plaintiff, the plaintiff alleging that the mortgage note had been fully paid to one Fisher who was the agent of the defendants. In the Superior Court the case was heard by Richardson, J. The material facts in evidence are stated in the opinion.
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Bill in equity, filed in the Superior Court on March 4, 1910, seeking to compel the discharge of a mortgage, held by one of the defendants, upon premises owned by the plaintiff, the plaintiff alleging that the mortgage note had been fully paid to one Fisher who was the agent of the defendants. In the Superior Court the case was heard by Richardson, J. The material facts in evidence are stated in the opinion. At the close of the evidence the defendant asked for the following rulings: “ (1) On all the evidence the plaintiff is not entitled to recover. (2) There is not sufficient evidence in the…
1Opinion of the CourtSheldon, J.
There was ample evidence that Fisher was authorized by the defendants to receive payments of interest upon the mortgage note here in question, and that is not now in dispute. But we are unable to find in the evidence any sufficient support for the claim that Fisher had authority to receive payment of the principal sum due. The judge at the hearing was unable to find such authority, although he found that Simpson, *380when he paid the principal sum to Fisher, “ believed and had reason to believe that Fisher had authority to receive payment of the principal as well as the interest,” that is, that…
2Cases cited4 opinions
- Murphy v. BarnardMassachusetts Supreme Judicial Court · 1894
- Biggerstaff v. MarstonMassachusetts Supreme Judicial Court · 1894
- Doyle v. CoreyMassachusetts Supreme Judicial Court · 1898
- Fitzgerald v. BeckwithMassachusetts Supreme Judicial Court · 1902
3Cited by4 opinions
- Aetna Casualty & Surety Co. v. Lindell Trust Co.Missouri Court of Appeals · 1961
- East Hampton Bank & Trust Co. v. CollinsMassachusetts Supreme Judicial Court · 1934
- Lincoln v. FinkelsteinMassachusetts Supreme Judicial Court · 1926
- Bryner v. WhitneySupreme Court of Kansas · 1925