Peterson v. Abbe
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $423.33, which the plaintiff, as the maker of a note secured by a second mortgage on certain real estate, was compelled to pay to the holder of the mortgage after the premises had been sold in foreclosure of and for a sum insufficient to satisfy the first mortgage, the plaintiff after making the second mortgage having conveyed the property to the defendant by a deed containing the provision quoted below.
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Contract upon an account annexed for $423.33, which the plaintiff, as the maker of a note secured by a second mortgage on certain real estate, was compelled to pay to the holder of the mortgage after the premises had been sold in foreclosure of and for a sum insufficient to satisfy the first mortgage, the plaintiff after making the second mortgage having conveyed the property to the defendant by a deed containing the provision quoted below. Writ in the Police Court of Brockton dated March 16, 1916. On appeal to the Superior Court the action came on to be heard before Raymond, J., upon the…
1Opinion of the CourtBraley, J.
The property conveyed by the plaintiff to the defendant was subject to a first and second mortgage which by the terms of the deed the defendant as grantee "assumes and agrees to pay, meaning hereby to assume and pay both of said mortgages and to hold the grantor harmless thereon.” The principal of the first mortgage not having beep paid on May 16, 1907, when it became due, foreclosure followed on June 29,1907, and a deed was given to the purchaser under the power of sale. The foreclosure extinguished the lien of the second mortgage but not the debt, and, the proceeds of the sale having failed…
2Cases cited5 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1872
- McQuesten v. SpaldingMassachusetts Supreme Judicial Court · 1918
3Cited by12 opinions
- Fall River Hous. Auth. v. HV COLLINS CAPE COD LATHMassachusetts Supreme Judicial Court · 1992
- Leventhal v. KrinskyMassachusetts Supreme Judicial Court · 1950
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Lynn Five Cents Savings Bank v. PortnoyMassachusetts Supreme Judicial Court · 1940
- Sims v. GrubbNevada Supreme Court · 1959
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