Legal Opinion
Boston Five Cents Saving Bank v. Pierce
District Court, D. Massachusetts
Decided October 26, 1984No. Civ. A. No. 81-34-TPublishedCited by 3 opinions
1Opinion of the Court
ORDER
TAURO, District Judge.
This court approves Magistrate DeGiacomo’s report and recommendation. In addition to the points made by the Magistrate in his report, this court notes that section 4 of the mortgage agreement, which states that all “rents, profits and income” from the property are assigned to the mortgagee, supports a conclusion that the parties did not intend to limit the subject property to use as rental units. If the parties had indeed contemplated that the property would be so limited, there would have been no need to specify as to the disposition of “profits and income,” in…
2Cases cited8 opinions
- Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
- Karl W. Hahn v. Joseph GottliebCourt of Appeals for the First Circuit · 1970
- Trans-Bay Engineers and Builders, Inc. v. Carla A. Hills, Secretary of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1976
- Bronstein v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1984
- Barbara Falzarano v. United States of AmericaCourt of Appeals for the First Circuit · 1979
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3Cited by3 opinions
- The Boston Five Cents Savings Bank v. Secretary of the Department of Housing and Urban DevelopmentCourt of Appeals for the First Circuit · 1985
- The Boston Five Cents Savings Bank, Fsb v. The United StatesCourt of Appeals for the Federal Circuit · 1989
- Boston Five Cents Savings Bank FSB v. United StatesUnited States Court of Claims · 1988