Mitchell v. Preston
Supreme Court of Connecticut
THIS was nn action of assumpsit on a promissory note. On the ‘."la! of the cause, under the pica of nan assumpsit, the defendant, ⅛ lúa defence, r< lied upon (he following statement, of facts ; that on or about the sixth day of March, 3801, it was corruptly and ustiriously agreed between the plaintiff and defendant, that the plaintiff should loan to him the sum of eight hundred dollars, and that the defendant, as security for the repayment of the money, should convey to the…
Read the full summary
THIS was nn action of assumpsit on a promissory note. On the ‘."la! of the cause, under the pica of nan assumpsit, the defendant, ⅛ lúa defence, r< lied upon (he following statement, of facts ; that on or about the sixth day of March, 3801, it was corruptly and ustiriously agreed between the plaintiff and defendant, that the plaintiff should loan to him the sum of eight hundred dollars, and that the defendant, as security for the repayment of the money, should convey to the plaintiff, by an absolute deed of bargain and sale, a certain parcel of land, being of much greater value than the sum…
1Opinion of the CourtSwift, J.
This is an action on a promissory note. The defendant stated in his defence, the following facts ; that the plaintiff loaned to the defendant, eight hundred dollars, and received as security, an absolute deed of a piece of land, of much greater value, upon an agreement, that the defendant might redeem the land, upon (laying the stun loaned, with 12 per cent, interest; that the defendant should remain in possession of the land, and pay therefor, forty-eight dollars per year, being the simple interest, as rent; and for which the note in question was given.
In the charge, the court directed the…
2Cited by3 opinions
- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1829
- Den ex dem. Wilkinson v. DoddsNew York Supreme Court · 1799
- Palmer v. YarringtonOhio Supreme Court · 1853