Massachusetts Supreme Judicial Court May 6, 1876 (Haley v. Manufacturers' Fire & Marine Insurance)

Deyens, J.

It is contended by the defendant, as the plaintiffs had agreed to sell their mortgages (upon which a much larger amount was due) for the sum of $62,500, upon payment by Cherry of certain notes with interest, amounting to that sum, one of which notes, amounting to $20,000, had already been paid at the time of the occurrence of the loss, that the sum of $42,500, with interest, is all