279 Mass. 593 | Mass. | 1932
This is an action of contract tried to a jury in the Superior Court, wherein the plaintiff seeks to recover against Septimus H. Cassidy and Augusta J. Cassidy the balance due on a mortgage note after the sale of the mortgaged property, under the power contained in the mortgage, and the application of the proceeds of said sale in part payment of the note.
The plaintiff was the payee of said mortgage note. The
The defendant admitted the validity of the mortgage and the mortgage note, and that the deed was in the statutory form with the statutory power of sale to convey the premises at 9 Hancock Place; that the foreclosure sale notice was properly published and that the expenses of the foreclosure sale were reasonable.
The uncontradicted evidence at the trial established that both note and mortgage were dated April 16, 1928; that the defendant conveyed the mortgaged property, subject to the mortgage and all unpaid taxes, on June 19, 1930, to one William E. Jackson; that in the fall of 1930, the mortgage interest not being paid, the plaintiff authorized Charles H. Cronin, an attorney at law, “to take entire charge of the enforcement of the mortgage.” Mr. Cronin testified that prior to the interest day he communicated with the defendant acting through one George Johnston, a brother of the plaintiff, and, in consequence of what Johnston
There was evidence that the foreclosure advertisement was mailed to the defendant prior to the sale in an envelope directed to his home address; that on the upper left hand corner of the envelope was printed the name and address of Mr. Cronin, the attorney for the plaintiff, and that the envelope has never been returned to him as unclaimed. Mr. Cronin also testified that he mailed a like advertisement of the foreclosure sale to Jackson, the owner of the equity of redemption. The defendant contended and testified that he never received any notice of the sale until some time after it occurred.
There was evidence by experts that the property at the time of the sale was worth $4,000, which was the amount of the mortgage note. The exception taken by the defend
Exceptions overruled.