Bearse v. Lebowich
Massachusetts Supreme Judicial Court
Bill in equity, filed, in the Superior Court on November 22, 1910, and afterwards amended, against Max Lebowich, Jacob Lebowich and Samuel Lebowich, seeking to restrain the defendants Max and Jacob Lebowich from proceeding with a foreclosure of a mortgage given by the plaintiff to secure an obligation of a partnership doing business as Flashman Brothers.
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Bill in equity, filed, in the Superior Court on November 22, 1910, and afterwards amended, against Max Lebowich, Jacob Lebowich and Samuel Lebowich, seeking to restrain the defendants Max and Jacob Lebowich from proceeding with a foreclosure of a mortgage given by the plaintiff to secure an obligation of a partnership doing business as Flashman Brothers. The case previously was before this court and a decision was made, which is reported in 212 Mass. 344. Proceedings following that decision are described in the opinion. The report of a master to whom the case then was referred was confirmed…
1Opinion of the CourtJenney, J.
A partnership known as Flashman Brothers was in bankruptcy, and made an offer of composition with its creditors. To carry this offer into effect, it was necessary to procure about $13,000, and application for that amount was made to Max Lebowich, a money lender, hereafter called the defendant. While willing to furnish the money, he required more security than Flashman Brothers could give. Finally the plaintiff agreed to give additional security, and for that purpose delivered to the defendant an assignment of a lease and his own promissory note secured by mortgage of real estate. It has been…
2Cases cited22 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
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3Cited by6 opinions
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
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- City of Pocatello v. FargoIdaho Supreme Court · 1925
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