Urquhart v. Brayton
Supreme Court of Rhode Island
ASSUMPSIT. Heard by the court on the following statement of facts agreed to by the attorneys of the litigants : William W. Brayton purchased of one Alexander O’Toole certain realty and received a deed. O’Toole had previously given three mortgages on the property, and these mortgages are all referred to in the deed. This portion of the deed is recited in the opinion of the chief justice. Urquhart, the plaintiff, was the third mortgagee.
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ASSUMPSIT. Heard by the court on the following statement of facts agreed to by the attorneys of the litigants : William W. Brayton purchased of one Alexander O’Toole certain realty and received a deed. O’Toole had previously given three mortgages on the property, and these mortgages are all referred to in the deed. This portion of the deed is recited in the opinion of the chief justice. Urquhart, the plaintiff, was the third mortgagee. After the purchase by Brayton the property was sold under the first mortgage. Prior to this sale and after his purchase Brayton paid two instalments of…
1Opinion of the CourtDureee, C. J.
This is an action of assump-sit upon a promise, which the plaintiff claims is to be implied in his favor against the defendant. The facts are these: On the second day of June, 1875, one Alexander O’Toole made his promissory note for $480, payable to the plaintiff, one year after date, with interest payable semi-annually in advance until the principal is paid. As security for the note, O’Toole gave the plaintiff a mortgage on real estate, subject to two prior mortgages, one for $1,200 and the other for $500. On the eighth day of July, 1875, O’Toole conveyed said real estate to William W.…
2Cases cited14 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Jewel Company of America, Inc. v. GeorgeSupreme Court of Rhode Island · 1977
- Kehoe v. PattonSupreme Court of Rhode Island · 1901
- Mechanics' Savings Bank v. GoffSupreme Court of Rhode Island · 1882