Sullivan v. Neary
Massachusetts Supreme Judicial Court
Contract for the balance due on a promissory note, dated October 1, 1901, originally for $1,050 and interest. Writ in the Municipal Court of the City of Boston dated April 2, 1902. On appeal to the Superior Court the case was tried before Cfaskill, J., without a jury. He refused to rule that the plaintiff could not maintain his action, and found and ordered judgment for the plaintiff in the sum of $693.81. The defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The principal facts are these: The defendant owning land mortgaged it for $6,000, the mortgage containing a power of sale. Subsequently he borrowed of the plaintiff $1,050, giving him on October 1, 1901, the note for that sum set out in the declaration, payable $50 in three months and the balance in six months from October 1, 1901, namely on April 1, 1902. To secure this note the defendant gave the plaintiff a second mortgage on the land. Breach was made of the conditions of the first mortgage, and a foreclosure sale under the power contained in that mortgage was made on March 8, 1902, to the…
2Cases cited4 opinions
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
- Dickason v. WilliamsMassachusetts Supreme Judicial Court · 1880
- Worcester Mechanics' Savings Bank v. ThayerMassachusetts Supreme Judicial Court · 1884
- Real Estate & Building Co. v. TuftsMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
- Spaulding v. Quincy Trust Co.Massachusetts Supreme Judicial Court · 1943
- Maine v. ClackArizona Supreme Court · 1934
- Spaulding v. Quincy Trust Co.Massachusetts District Court, Appellate Division · 1942