Horace Gray, Drury v. Hayden — Opinion of the Court
“ The mortgagee had no part in obtaining and paid no consideration for that agreement, and, upon the most favorable construction, had no greater right under it than Daggett, with whom it purported to have been made.On the facts of this case, Daggett, in a court of equity at least, never had any right to enforce that agreement against Drury. The payment of interest on the mortgage notes would naturally be made by Drury to prevent a foreclosure of the mortgage on his land, and cannot be held to be an affirmance of an agreement of which he had no actual knowledge. ”
