Hyland v. Habich
| Decision Date | 13 November 1889 |
| Citation | 22 N.E. 765,150 Mass. 112 |
| Parties | HYLAND et al. v. HABICH. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
November 13, 1889
HEADNOTES
S.M Thomas, for plaintiffs.
Wm. H Fox and A.M. Alger, for defendant.
The mortgage which, under the agreed statement of facts, the plaintiffs seek to redeem, was given to secure the payment--First, of an existing indebtedness due from Matthew Hyland; and, secondly, of such indebtedness as might afterwards accrue from his sale or consignment of goods to said Hyland. The debt then existing was long ago paid, and we need to consider only that part of the mortgage which relates to the indebtedness thereafter to be contracted. The language of the condition in the mortgage impliedly gave the mortgagee a right to sell goods to said Hyland for an indefinite time upon the faith of this security. It was like an ordinary, continuing guaranty of payment for goods to be sold, except that, instead of a personal undertaking to pay as a guarantor, it was a transfer of the estate as security for the payment. The mortgagee had the same right to sell trusting to the security, and there were the same limitations upon his right, as if the mortgagor had given merely a personal, continuing guaranty. He had an implied authority from the owner of the mortgaged estate, which was subject to revocation at any time, and which would be revoked by the death of the owner. The principles laid down in Jordan v. Dobbins, 122 Mass. 168, are decisive of this case. The defendants urge that a conveyance of property as security implies that the authority to sell is to continue after the death of the owner until the owners of the estate see fit to revoke the authority. But we see no good ground for this contention. If the security were by a mortgage of personal property, there would be no one, after the death of the mortgagor, who could revoke the authority until the appointment of an administrator. In the mean time the property might be charged to its full value; and, if the mortgage were of real estate, different heirs might disagree as to the action to be taken. We are of opinion that the right to sell upon the faith of the guaranty rests upon a continuing authority, and that, where a mortgage is given instead of a personal promise as security, the authority proceeds from the mortgagor, and is terminated by his death. Even in England, where it is held...
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Chain v. Wilhelm
...See United States v. Robson (D.C.) 9 F.Supp. 446; Jordan v. Dobbins, 122 Mass. 168, 23 Am.Rep. 305; Hyland v. Habich, 150 Mass. 112, 22 N.E. 765, 6 L.R.A. 383, 15 Am.St.Rep. 174; Aitken v. Lang's Adm'r, 106 Ky. 652, 51 S. W. 154, 90 Am.St.Rep. 263; In re Kelley's Estate, 173 Mich. 492, 139 ......
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Killoren v. Hernan
...writing by the intestate and since he reserved the right to revoke at will it was terminated by his death. Hyland v. Habich, 150 Mass. 112, 22 N.E. 765,6 L.R.A. 383, 15 Am.St.Rep. 174;First National Bank of Boston v. McGowan, Mass., 5 N.E.2d 5. The written instrument to pledge was not opera......
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Agricultural Nat. Bank of Pittsfield v. Brennan
... ... Cases ... like Jordan v. Dobbins, 122 Mass. 168, 23 Am.Rep ... 305, and Hyland v. Habich, 150 Mass. 112, 22 N.E ... 765,6 L.R.A. 383, 15 Am.St.Rep. 174, where the attempt was ... made to hold the estate of the guarantor for ... ...
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Killoren v. Hernan
...it was revoked in writing by the intestate [*] and since he reserved the right to revoke at will it was terminated by his death. Hyland v. Habich, 150 Mass. 112 . First Bank of Boston v. McGowan, 296 Mass. 101. The written instrument to pledge was not operative when the defendant Hernan sec......