Saunders v. Dunn
Massachusetts Supreme Judicial Court
Bill in EQUITY, asking for the cancellation and delivering up of a promissory note and mortgage of personal property securing the same, given by the plaintiff to the defendant’s intestate, on the ground that no consideration was ever received by the plaintiff, and that the conveyance was in effect a trust transaction.
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Bill in EQUITY, asking for the cancellation and delivering up of a promissory note and mortgage of personal property securing the same, given by the plaintiff to the defendant’s intestate, on the ground that no consideration was ever received by the plaintiff, and that the conveyance was in effect a trust transaction. At the trial in the Superior Court, before Lilley, J., there was evidence of several witnesses tending to show that the note was without consideration, and, against the defendant’s objection and exception, the following evidence was admitted: “ I asked Miss Dunn if it was a…
1Opinion of the CourtKnowlton, J.
In an action at law to foreclose a mortgage, or in a bill to redeem, the mortgage is only available to secure the performance of the condition. If this condition is the payment of money, the question is how much in equity and good conscience, under recognized rules of law, is due the mortgagee. Vinton v. King, 4 Allen, 562. Holbrook v. Bliss, 9 Allen, 69. In Wearse v. Peirce, 24 Pick. 141, it was held that where a mortgage is given as security for the payment of a promissory note, it may be shown that the note is without consideration, and that therefore the mortgage cannot be enforced. In…
2Cases cited3 opinions
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Hannan v. HannanMassachusetts Supreme Judicial Court · 1877
- Donohue v. ChaseMassachusetts Supreme Judicial Court · 1885
3Cited by16 opinions
- Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Perry v. MillerMassachusetts Supreme Judicial Court · 1953
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1956
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