Brigham v. Holder
Massachusetts Supreme Judicial Court
Cortract upon a promissory note payable to the order of the plaintiff’s testator, and signed by the defendants. Answer, want and failure of consideration. At the trial in the Superior Court, before Knowlton, J., the jury returned a verdict for the defendants, and the plaintiff alleged exceptions, which, so far as material, appear in the opinion.
1Opinion of the CourtMorton, C. J.
Abraham Tyler, being the owner of a lot of land, mortgaged it to Francis Brigham, the plaintiff’s testator. The equity was afterwards seized on an execution against Tyler, and the defendants became the purchasers at a sheriff’s sale. While they owned the equity, Brigham presented his mortgage note and represented that it was due and unpaid. Thereupon the defendants took an assignment of the mortgage and gave the note in suit. It is now admitted that nothing was due on the mortgage. This being so, it was the duty of Brigham to assign or discharge the mortgage, and therefore there was no…
2Cases cited1 opinion
- Tyler v. BrighamMassachusetts Supreme Judicial Court · 1887