Foster v. Atwater
Supreme Court of Connecticut
Assumpsit, to recover the amount due on a note secured by a mortgage, the defendant having taken a conveyance of the mortgaged premises subject to the mortgage and with an assumption of the mortgage debt-; brought to the Superior Court in New Haven County.
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Assumpsit, to recover the amount due on a note secured by a mortgage, the defendant having taken a conveyance of the mortgaged premises subject to the mortgage and with an assumption of the mortgage debt-; brought to the Superior Court in New Haven County. The following facts were found by a committee: The note in question was made by George L. Carrington for the sum of $900, dated July 11th, 1873, and payable three months after its date to the order of Henry Buckingham, and was secured by a mortgage of certain real estate in New Haven, which was already subject to two prior mortgages of $500…
1Opinion of the Court
Park,.C. J.
In Pike v. Brown, 7 Cushing, 133, the coqrt say:—“ The principle is well settled, that where one by deed poll grant's land, and conveys any right, title or interest in real estate to another, and where there is any money to be paid by the grantee to the grantor, or any other debt or duty to be performed by the grantee to the grantor, or for his use and benefit, and the grantee accepts the deed and enters on the estate, the grantee becomes bound to make such payment or perform such duty, and not having sealed the instrument he is not bound by it as a deed; but it being a duty, the…
2Cases cited8 opinions
- In re NegusNew York Supreme Court · 1832
- Lathrop v. AtwoodSupreme Court of Connecticut · 1851
- Booth v. StarrSupreme Court of Connecticut · 1814
- Townsend v. WardSupreme Court of Connecticut · 1858
- Randall v. LathamSupreme Court of Connecticut · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Willard v. WoodSupreme Court of the United States · 1890
- Arnold v. . GreenNew York Court of Appeals · 1889
- Colaluca v. IvesSupreme Court of Connecticut · 1963
- Employers Indemnity Corp. v. GarrettSupreme Court of Missouri · 1931
- Linbrook Realty Corp. v. RogersSupreme Court of Virginia · 1932
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