Shepard v. Shepard
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery for the foreclosure of a mortgage. The bill stated, That Isaac Shepard, one of the defendants, being under the necessity of raising money for the prosecution of his business, applied to the plaintiff to become indorser for him, and proposed to secure him, by mortgage ; that the plaintiff indorsed one note, signed by Isaac Shepard, for his use and benefit, for 800 dollars, dated the 19th of September, 1820, payable, at the New-London…
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IN ERROR. This was a bill in chancery for the foreclosure of a mortgage. The bill stated, That Isaac Shepard, one of the defendants, being under the necessity of raising money for the prosecution of his business, applied to the plaintiff to become indorser for him, and proposed to secure him, by mortgage ; that the plaintiff indorsed one note, signed by Isaac Shepard, for his use and benefit, for 800 dollars, dated the 19th of September, 1820, payable, at the New-London Bank, 60 days from date, and the plaintiff at the same time promised to indorse for him other notes, as his necessity and…
1Opinion of the Court
Hosmer, Ch. J.
That the mortgage to Webb was before the giving of the notes by the mortgagor to the mortgagee, except the one for 800 dollars, is unquestionable. The plaintiff can have no fact assumed in his favour, unless he has averred it, or unless it arises by necessary inference. Now, it is not alleged, that the notes in question were given before the mortgage to Webb ; and even the first of them, made on the 23rd of December, 1823, by construction, must be taken to have been given after; as the mortgage is averred to have been executed in 1823, no other date being set forth, and…
2Cases cited2 opinions
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Stoughton v. PascoSupreme Court of Connecticut · 1825
3Cited by10 opinions
- Moran v. PalmerMichigan Supreme Court · 1865
- Homer v. Savings BankSupreme Court of Connecticut · 1829
- Crane v. DemingSupreme Court of Connecticut · 1829
- Ives v. StoneSupreme Court of Connecticut · 1884
- Fernandez v. TormeyCalifornia Supreme Court · 1898
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