Lipsohn v. Goldstein
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 16,1908, and afterwards amended, alleging that the plaintiff’s household furniture had been sold to the defendant Masofsky illegally at a sale in foreclosure of a mortgage, and seeking to enjoin the defendants from taking measures to remove it. In the amendment there was an allegation of readiness to pay what was due upon the mortgage. In the Superior Court the suit was referred to Francis M. Carroll, Esquire, as master.
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Bill in equity, filed in the Superior Court on June 16,1908, and afterwards amended, alleging that the plaintiff’s household furniture had been sold to the defendant Masofsky illegally at a sale in foreclosure of a mortgage, and seeking to enjoin the defendants from taking measures to remove it. In the amendment there was an allegation of readiness to pay what was due upon the mortgage. In the Superior Court the suit was referred to Francis M. Carroll, Esquire, as master. Among facts found in his report and in a supplemental report were the following: On December 7, 1907, the plaintiff, to…
1Opinion of the CourtBraley, J.
The defendant Goldstein, when as mortgagee he attempted to execute the power of sale.upon default of the plaintiff, was bound to act in good faith, and to use every reasonable means to obtain the full value of the mortgaged personal property, and to protect the interests of the plaintiff who was mortgagor. Montague v. Dawes, 14 Allen, 369. Clark v. Simmons, 150 Mass. 357. The master was not directed to report the evidence, and, his findings of fact being final, it appears from the first report, and the supplemental report, which are to be read together, that the sale was advertised in a local…
2Cases cited4 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
- Gilson v. NessonMassachusetts Supreme Judicial Court · 1911
- Fennyery v. RansomMassachusetts Supreme Judicial Court · 1898
3Cited by5 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Atlas Mortgage Co. v. TebaldiMassachusetts Supreme Judicial Court · 1939
- Levey v. HigginsonMassachusetts Supreme Judicial Court · 1929
- Boyajian v. HartMassachusetts Supreme Judicial Court · 1935
- Loza v. OsmolaMassachusetts Supreme Judicial Court · 1932