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eBook details

• Title: Ross v. Vadeboncoeur
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 01, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

DOLAN, Justice. This is a suit in equity to set aside a foreclosure sale of real estate under a mortgage; for an accounting; and for a reconveyance of the real estate involved upon payment of such amount as may be found due to the defendant upon the note and mortgage given to secure payment. The case was referred to a master whose report was confirmed. A final decree was entered dismissing the bill with costs. The case comes before us on the appeal of the plaintiff from the final decree. The evidence is not reported, and the findings of the master not being mutually inconsistent must be accepted as final. Peabody Gas & Oil Co. v. Standard Oil Co. of New York, 284 Mass. 87, 88, 187 N.E. 112. The facts found are that the plaintiff, who is a resident of New Jersey, became on July 1, 1929, the owner of a certain lot of land situated in Swansea, Massachusetts. On that day she gave to W. Harry Monks a note for the unpaid balance of the purchase price of the premises amounting to $550, payable in two years from the same date, with interest payable semi-annually at six and one half per cent annually, together with $15 each month on account of the principal. The note was also signed by her husband, John R. Ross. At the same time the plaintiff executed a mortgage of said premises to Monks to secure the payment of the note. On July 8, 1933, Monks assigned the mortgage for value to one Zalkind; on September 20, 1935, Zalkind assigned it to the defendant, who paid $150 for it through her agent, one Joseph Madowsky. No notice of either assignment was ever given to the plaintiff who had moved from Swansea to New York in 1933, and whose address was known to Monks. She sent payments to Monks from time to time on account of principal and interest, but, as to the latter, after a few payments it was understood by the parties that interest was to be at the rate of six per cent per annum instead of six and one half per cent as provided in the note. The plaintiff had paid interest to Monks in advance to January 1, 1936. On January 2, 1936, she sent Monks a money order for $50. He returned it to her, and it was then that she first learned of the foreclosure sale, which had been held on November 14, 1935. The taxes for 1934 were paid by the plaintiff on October 7, 1935. The 1935 taxes with the interest due thereon were paid by Madowsky in behalf of the defendant on December 28, 1935.

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