Hinds v. Allen
Supreme Court of Connecticut
Assumpsit, brought to the superior court in Hartford county, for the breach of a contract by which the defendant guaranteed to the plaintiff the title and priority of a mortgage assigned by the former to the latter.
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Assumpsit, brought to the superior court in Hartford county, for the breach of a contract by which the defendant guaranteed to the plaintiff the title and priority of a mortgage assigned by the former to the latter. The declaration set out the contract, which was as follows : “Know all men by these presents that I, Truman Allen, of the town of Granby and state of Connecticut, for a valuable consideration to me in hand paid, do hereby assign and set over unto Leon P. Hinds a certain bond for the payment of four hundred and sixty-nine dollars, dated the 2cbday of October, 1857, made by Lyman…
1Opinion of the CourtButler, J.
It does not appear where the contract counted on was made, but the plaintiff was a resident of Pennsylvania, and the subject matter of the contract was located there, and it may be presumed that the contract was made there. The law of Pennsylvania in regard to mortgages is different from ours, and we think it apparent from the finding, and the course of the argument here, that the court below was misled in respect to it; and that if that law had been properly presented to it, the decision would have been different.
The provision of the statute of that state relative to the record of mortgages…
2Cases cited2 opinions
- Chahoon v. HollenbackSupreme Court of Pennsylvania · 1826
- Culp v. FisherSupreme Court of Pennsylvania · 1833
3Cited by1 opinion
- Biwer v. MartinIllinois Supreme Court · 1920