Atwood v. Atwood
Supreme Court of Connecticut
Action to recover upon a promissory note for $10,000 alleged to have been executed and delivered by one of the defendants to the plaintiff, and also to have certain conveyances of property by such defendant to her co-defendant set aside as in fraud of the plaintiff’s rights, brought to and tried by the Superior Court in New Haven County, Shumway, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff.
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Action to recover upon a promissory note for $10,000 alleged to have been executed and delivered by one of the defendants to the plaintiff, and also to have certain conveyances of property by such defendant to her co-defendant set aside as in fraud of the plaintiff’s rights, brought to and tried by the Superior Court in New Haven County, Shumway, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff. The non-negotiable promissory note over the name of the defendant Mary J. Atwood, which furnishes the foundation of this action, bore date April 4th, 1894, and was…
1Opinion of the CourtPrentice, C. J.
This action is primarily one by the payee of a promissory note against the maker. A third party is joined with the note maker as a defendant, upon allegations that the latter has transferred all, or practically all, of her property to such third party as a gift, and in fraud of the plaintiff’s rights. Judgment is asked for the amount due upon the note, and that the transfer of property be set aside, or that so much of the property transferred as might be necessary for the purpose be sold, and the proceeds applied to the payment of the amount due upon the note.
The court has found, among other…
2Cases cited4 opinions
- Marler v. StateSupreme Court of Alabama · 1880
- Howard v. PatrickMichigan Supreme Court · 1878
- Yale v. ComstockMassachusetts Supreme Judicial Court · 1873
- Lane v. BrainerdSupreme Court of Connecticut · 1862
3Cited by11 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- State v. MunozSupreme Court of Connecticut · 1995
- Sanderson v. Steve Snyder Enterprises, Inc.Supreme Court of Connecticut · 1985
- Meister v. State National Bank of Connecticut (In Re Mailbag International, Inc.)United States Bankruptcy Court, D. Connecticut · 1983
- Perez v. D AND L TRACTOR TRAILER SCHOOLConnecticut Appellate Court · 2009
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