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Steiner v. Schrank

Henry Steiner v. Morris Schrank

Steiner v. Schrank, 149 N.E. 542 (Mass. 1925)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
November 20, 1925
Citations
149 N.E. 542253 Mass. 5511925 Mass. LEXIS 1295

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court.

The defendant as mortgagee foreclosed for admitted default in its conditions a mortgage of personal property owned subject to the mortgage by the plaintiff, and at the foreclosure sale attended by the plaintiff, purchased the property for the face of the mortgage. Three days later he sold the property at a profit.

The plaintiff states that the “only question in this case is whether the defendant (the former mortgagee) must account to the plaintiff for the profit.” There is no contention that the foreclosure sale was not fairly conducted, that the price thereby obtained was inadequate or that the defendant did not have a right to purchase at. the foreclosure. There was no surplus in the foreclosure sale. Indeed the price obtained was not large enough to pay the mortgage debt and the expenses of the foreclosure. The responsibility of the defendant to the plaintiff ended when a foreclosure sale under such circumstances had been completed. His trust relation then ceased to the mortgagor. The defendant became the absolute owner by purchase at the foreclosure sale and was entitled to whatever profit he was able to make subsequently. McCarthy v. Simon, 247 Mass. 514, 521 .

Order dismissing report affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1931: 11942: 21991: 11994: 119312026peak 1942 · 2

Relies on it most ⓘ

  1. Seder v. Gould174 N.E. 311 (Mass. 1931)
  2. Boston Federal Savings Bank v. Trafton3 Mass. L. Rptr. 140 (1994)
  3. Volpe Construction Co. v. First National Bank567 N.E.2d 1244 (Mass. App. Ct. 1991)
  4. Davis v. Newburyport Five Cents Savings Bank41 N.E.2d 188 (Mass. 1942)
  5. Spaulding v. Quincy Trust Co.7 Mass. App. Div. 440 (1942) · Dissent

Most recent

  1. Boston Federal Savings Bank v. Trafton3 Mass. L. Rptr. 140 (1994)
  2. Volpe Construction Co. v. First National Bank567 N.E.2d 1244 (Mass. App. Ct. 1991)
  3. Spaulding v. Quincy Trust Co.7 Mass. App. Div. 440 (1942) · Dissent
  4. Davis v. Newburyport Five Cents Savings Bank41 N.E.2d 188 (Mass. 1942)
  5. Seder v. Gould174 N.E. 311 (Mass. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McCarthy v. Simon, 142 N.E. 806 (Mass. 1924) 34

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