Brainerd v. Brainerd
Supreme Court of Connecticut
This was a bill in chancery, stating the following case. On the 3rd of September, 1839, Seth Brainerd, the plaintiff-, was indebted to Cornelius Brainerd, the defendant, by three promissory notes, amounting, with interest to that timej to 475 dollars. The defendant demanded security for the payment of this sum, and declared, that if the plaintiff did not give him such security, he would harass him with suits, or otherwise put him to great inconvenience and expense.
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This was a bill in chancery, stating the following case. On the 3rd of September, 1839, Seth Brainerd, the plaintiff-, was indebted to Cornelius Brainerd, the defendant, by three promissory notes, amounting, with interest to that timej to 475 dollars. The defendant demanded security for the payment of this sum, and declared, that if the plaintiff did not give him such security, he would harass him with suits, or otherwise put him to great inconvenience and expense. The plaintiff thereupon agreed with the defendant, that he would convey to him a tract of land, which the plaintiff owned, at…
1Opinion of the CourtChurch, J.
We have had doubts whether this bill could be sustained. We are sure that, unless fraud or mistake are sufficiently alleged, there are no other facts set up in it, which are sufficient to sustain it. Upon the whole, a majority of the court believe the bill to be sufficient.
The plaintiff states his indebtedness to the defendant, and the defendant’s demand of security from him ; and for the sole purpose of security, and with no other intention by either party, it was agreed between them, that the plaintiff should convey, by an absolute deed, the premises in question to the defendant, and that…
2Cases cited4 opinions
- Roach v. CosineNew York Supreme Court · 1832
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Ring v. FranklinThe Superior Court of New York City · 1829
- Birkbeck v. TuckerThe Superior Court of New York City · 1829
3Cited by7 opinions
- Wagg v. HerbertSupreme Court of Oklahoma · 1907
- Nease v. CapehartWest Virginia Supreme Court · 1874
- Andrews v. New Britain National BankSupreme Court of Connecticut · 1931
- French v. BurnsSupreme Court of Connecticut · 1868
- Wall v. HickeyMassachusetts Supreme Judicial Court · 1873
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