Dickason v. Williams
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $3000, dated March 29, 1870, payable to the plaintiff or order five years after date, and signed by the defendant. Writ dated November 2, 1878. The answer admitted the making of the note, but averred that it was a mortgage note, and that the mortgage had merged.
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Contract upon a promissory note for $3000, dated March 29, 1870, payable to the plaintiff or order five years after date, and signed by the defendant. Writ dated November 2, 1878. The answer admitted the making of the note, but averred that it was a mortgage note, and that the mortgage had merged. At the trial in the Superior Court, before Wilkinson, J., the following facts appeared in evidence: The note sued on was secured by a mortgage deed, containing the usual power of sale, of land on Henchman Street, in Boston, delivered by the defendant to the plaintiff on March 29, 1870. The defendant…
1Opinion of the CourtAmes, J.
It appears from the report that the note in suit, which was for $3000, was given by the defendant to the plaintiff, and was secured by a mortgage upon certain premises in Henchman Street in Boston. The note and the mortgage were of the *184same date, and there is .no intimation of any other mortgage on the property. Some years afterwards, and before the note became due, the defendant conveyed the property to John and Bridget Wills, subject to the mortgage, it being recited in the deed that the grantees assumed and agreed to pay the mortgage. The effect of this transaction was to impose upon the…
2Cases cited1 opinion
- City of Roxbury v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1850
3Cited by20 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
- Clay v. BanksSupreme Court of Georgia · 1884
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