Legal Opinion
Montuori v. Bailen
Massachusetts Supreme Judicial Court
Decided February 28, 1935PublishedCited by 27 opinions
1Opinion of the CourtLummus, J.
The evidence tended to show the following facts. The plaintiff had bought land and buildings subject to a first mortgage for $36,000 and a second mortgage, held by the defendant, for $29,000. There was a breach of the second mortgage in that taxes for the previous year were unpaid, when the plaintiff’s agent and the defendant’s attorney talked about the matter on February 26, 1929. Both had full authority. The attorney said in substance that so long as the rents should be accounted for at his office, the defendant would not take possession nor foreclose. The attorney drew a written agreement…
2Cases cited35 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Williams v. Pittsfield Lime & Stone Co.Massachusetts Supreme Judicial Court · 1927
- McCarthy v. SimonMassachusetts Supreme Judicial Court · 1924
30 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cousbelis v. AlexanderMassachusetts Supreme Judicial Court · 1944
- Nigro v. ContiMassachusetts Supreme Judicial Court · 1946
- Siegel v. KnottMassachusetts Supreme Judicial Court · 1944
- Dangelo v. FarinaMassachusetts Supreme Judicial Court · 1942
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
22 more not listed; retrieve them via the Exa API.