Hoffman v. Charlestown Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 28, 1918, alleging that the plaintiff was a first lieutenant in the United States Army stationed at the United States Army Hospital at Ellis Island in the city of New York in the State of New York, that on November 22, 1917, the plaintiff was the holder of a mortgage made by one Abraham Cheren upon certain land and the buildings thereon on Hancock Street and on Joy Street in Boston, that the premises were subject to a prior…
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Bill in equity, filed in the Superior Court on May 28, 1918, alleging that the plaintiff was a first lieutenant in the United States Army stationed at the United States Army Hospital at Ellis Island in the city of New York in the State of New York, that on November 22, 1917, the plaintiff was the holder of a mortgage made by one Abraham Cheren upon certain land and the buildings thereon on Hancock Street and on Joy Street in Boston, that the premises were subject to a prior mortgage for $18,000 held by the defendant, the Charlestown Five Cents Savings Bank, that on January 31, 1917, the…
1Opinion of the CourtLoring, J.
This is a bill brought in behalf of an officer in the military service of the United States outside the Commonwealth to get relief from the foreclosure of a mortgage made in violation of § 302, el. 3 of U. S. St. 1918, c. 20, (40 U. S. Sts. at Large, 444,) entitled the soldiers’ and sailors’ civil relief act, which was approved on March 8,1918.
The case was sent to a master. From his report it appears that, “expecting to be called for service in the army,” the plaintiff by the foreclosure of a third mortgage conveyed the land and buildings here in question to his mother subject to a first…
2Cases cited4 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Ames v. JacksonMassachusetts Supreme Judicial Court · 1874
- Old Colony Trust Co. v. Great White Spirit Co.Massachusetts Supreme Judicial Court · 1901
- Bullard v. SmithMassachusetts Supreme Judicial Court · 1885
3Cited by39 opinions
- Erickson v. . MacYNew York Court of Appeals · 1921
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Fourth National Bank v. HillSupreme Court of Kansas · 1957
- Guttag v. . ShatzkinNew York Court of Appeals · 1921
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