Ansara v. Regan

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtWAIT
Citation276 Mass. 586,177 N.E. 671
Decision Date15 September 1931
PartiesANSARA v. REGAN.

276 Mass. 586
177 N.E. 671

ANSARA
v.
REGAN.

Supreme Judicial Court of Massachusetts, Middlesex.

Sept. 15, 1931.


Appeal from Superior Court, Middlesex County; John D. McLaughlin, Judge.

Suit by Michael Ansara against William D. Regan. From interlocutory and final decrees, plaintiff appeals.

Affirmed.


[276 Mass. 589]

[177 N.E. 672]

J. A. O'Mahoney, of Lawrence, for appellant.

J. P. Cassidy, of Lowell, for appellee.


WAIT, J.

It has become the practice of our law that the same subject-matter shall not be litigated twice between the same parties. When they resort to the courts for the determination of a right, they must abide by the result of the legal proceedings. If, by their agreement after litigation has been entered upon, they put the result in the form of a judgment in the proceeding, they thenceforth are as much bound by the legal effect of the judgment as if it were the outcome which a court would have reached had the issues disclosed by the pleadings been fully tried and decided. In any subsequent dispute between them the judgment binds them. They cannot go behind it with regard to issues within the scope of the pleadings. They must see to it when they agree upon the judgment that issues disclosed by the pleadings intended to be left undecided are excluded from its binding effect.

In the case before us immediately after a sale intended as a foreclosure of a mortgage held by Regan, he brought an action upon the mortgage note against the makers and by his declaration made the issue his right to recover upon the note because he had not received what was due upon [276 Mass. 590]it. He set out that, owing to prior incumbrances which must be met from what he had paid, there was nothing received which diminished the amount due him from the makers of the note. They answered a general denial and payment. They did not set out their present contention that what he had paid was not applicable to prior incumbrances, but, instead, after deducting from it the amount due upon this mortgage note, was payable to them as the mortgagors, so that nothing was due from them upon the note. This defense, however, was open to them under their general denial, and, it has been said in Draper v. Mann, 117 Mass. 439;Hood v. Adams, 124 Mass. 481, 26 Am. Rep. 687;Muhlig v. Fiske, 131 Mass. 110, 114;Warneke v. Wyszatycki, 269 Mass. 179, 168 N. E. 740, was admissible as payment. The real issue made by the pleadings was whether anything remained due to Regan upon the note after the foreclosure sale. The parties agreed upon a compromise-in fact an accord and...

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19 practice notes
  • Thayer Co. v. Binnall
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 16, 1950
    ...Romanausky v. Skutulas, 258 Mass. 190, 194, 154 N.E. 856. Abeloff v. Peacard, [326 Mass. 483] 272 Mass. 56, 171 N.E. 14; Ansara v. Regan, 276 Mass. 586, 177 N.E. 671; Bowles v. Comstock, 286 Mass. 159, 189 N.E. 785; Gleason v. Hastings, 300 Mass. 305, 15 N.E.2d 201; Gordon v. Guernsey, 316 ......
  • Sandler v. Silk
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 2, 1935
    ...Co. v. J. P. Eustis Mfg. Co., 207 Mass. 312, 316, 93 N.E. 629;Fitzgerald v. Heady, 225 Mass. 75, 77, 78, 113 N.E. 844;Ansara v. Regan, 276 Mass. 586, 589, 177 N.E. 671. In the earlier case the plaintiff sought without success to avoid the mortgage. She now seeks to recover damages for a fra......
  • Thayer Co. v. Binnall
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 16, 1950
    ...Romanausky v. Skutulas, 258 Mass. 190, 194, 154 N.E. 856. Abeloff v. Peacard, [326 Mass. 483] 272 Mass. 56, 171 N.E. 14; Ansara v. Regan, 276 Mass. 586, 177 N.E. 671; Bowles v. Comstock, 286 Mass. 159, 189 N.E. 785; Gleason v. Hastings, 300 Mass. 305, 15 N.E.2d 201; Gordon v. Guernsey, 316 ......
  • Gilman v. Congregational Home Missionary Soc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 15, 1931
    ...supposed that he intended to create, when his daughter died more than a third of a century after his own death, a special and artificial[276 Mass. 586]class of beneficiaries, rather remote kindred, instead of the class constituting his heirs, even though the daughter was his sole heir. The ......
  • Request a trial to view additional results
19 cases
  • Thayer Co. v. Binnall
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 16, 1950
    ...Romanausky v. Skutulas, 258 Mass. 190, 194, 154 N.E. 856. Abeloff v. Peacard, [326 Mass. 483] 272 Mass. 56, 171 N.E. 14; Ansara v. Regan, 276 Mass. 586, 177 N.E. 671; Bowles v. Comstock, 286 Mass. 159, 189 N.E. 785; Gleason v. Hastings, 300 Mass. 305, 15 N.E.2d 201; Gordon v. Guernsey, 316 ......
  • Sandler v. Silk
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 2, 1935
    ...Co. v. J. P. Eustis Mfg. Co., 207 Mass. 312, 316, 93 N.E. 629;Fitzgerald v. Heady, 225 Mass. 75, 77, 78, 113 N.E. 844;Ansara v. Regan, 276 Mass. 586, 589, 177 N.E. 671. In the earlier case the plaintiff sought without success to avoid the mortgage. She now seeks to recover damages for a fra......
  • Thayer Co. v. Binnall
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 16, 1950
    ...Romanausky v. Skutulas, 258 Mass. 190, 194, 154 N.E. 856. Abeloff v. Peacard, [326 Mass. 483] 272 Mass. 56, 171 N.E. 14; Ansara v. Regan, 276 Mass. 586, 177 N.E. 671; Bowles v. Comstock, 286 Mass. 159, 189 N.E. 785; Gleason v. Hastings, 300 Mass. 305, 15 N.E.2d 201; Gordon v. Guernsey, 316 ......
  • Gilman v. Congregational Home Missionary Soc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 15, 1931
    ...supposed that he intended to create, when his daughter died more than a third of a century after his own death, a special and artificial[276 Mass. 586]class of beneficiaries, rather remote kindred, instead of the class constituting his heirs, even though the daughter was his sole heir. The ......
  • Request a trial to view additional results

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