Goodsell v. McElroy Brothers Co.
Supreme Court of Connecticut
Action to recover the amount of six promissory notes payable to the order of a decedent upon whose estate the plaintiffs were alleged trustees, brought to and tried by the Superior Court in Fairfield County, Burpee, J facts found and judgment rendered for the plaintiffs for $17,421, and appeal by the defendant. The complaint contains six counts.
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Action to recover the amount of six promissory notes payable to the order of a decedent upon whose estate the plaintiffs were alleged trustees, brought to and tried by the Superior Court in Fairfield County, Burpee, J facts found and judgment rendered for the plaintiffs for $17,421, and appeal by the defendant. The complaint contains six counts. In each it is alleged that the defendant corporation, on a date specified by its note, promised to pay to the order of one Charles H. Hawley, of Bridgeport, a certain sum of money, in one case six months after date, and in the others on demand, and in…
1Opinion of the CourtPrentice, J.
The defendant in its answer has not put in issue the right of the plaintiffs to maintain their action as trustees under the will, by specifically deny ing such right as required in § 609 of the General Statutes. It has simply denied an allegation of the complaint that the plaintiffs accepted the trust under the will. The utmost effect, in any view of this denial, which could be given to it, was to entitle the defendant to call in question the plaintiffs’ standing as trustees by reason of a failure on their part to accept the trust. The trial court gave the defendant the full benefit of the…
2Cases cited7 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- State ex rel. Gable v. CoaleCourt of Appeals of Maryland · 1879
- Meuer v. Phenix National BankAppellate Division of the Supreme Court of the State of New York · 1904
- State Ex Rel. Lynch v. WhitehouseSupreme Court of Connecticut · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Leffek v. LuedemanMontana Supreme Court · 1933
- Myrtilles, Inc. v. JohnsonSupreme Court of Connecticut · 1938
- State ex rel. Hartford-Connecticut Trust Co. v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1926
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