Hudson Trust Co. v. Cushman
Supreme Court of Connecticut
Action upon a written guaranty for the prompt payment of a loan evidenced by a note for $2,500 payable to the plaintiff, brought to and tried by the Superior Court in Fairfield, County, Warner, J.; facts found and judgment rendered for the plaintiff for $2,850, and appeal by the defendant. This action is upon a -written guaranty to pay a promissory note for $2,500, made by Cushman & Company and guaranteed by the defendant.
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Action upon a written guaranty for the prompt payment of a loan evidenced by a note for $2,500 payable to the plaintiff, brought to and tried by the Superior Court in Fairfield, County, Warner, J.; facts found and judgment rendered for the plaintiff for $2,850, and appeal by the defendant. This action is upon a -written guaranty to pay a promissory note for $2,500, made by Cushman & Company and guaranteed by the defendant. The material portions of the note which the defendant guaranteed are printed in the foot-note. When this note was made, Cushman & Company was indebted to the plaintiff to…
1Opinion of the CourtRoraback, J.
The principal contention of the defendant, as shown by her reasons of appeal, is that the Superior Court erred in holding that the money which the plaintiff received from the sale of these collaterals should not be applied to the payment of the note which she had guaranteed. The terms of the note gave the Trust Company the right to apply the proceeds of this collateral to the payment of liabilities to it incurred by the defendant other than this immediate note, and such an agreement is recognized and supported by the case of Stamford Bank v. Benedict, 15 Conn. 437, 444, in which this court…
2Cases cited1 opinion
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
3Cited by7 opinions
- Johnson v. MortensonSupreme Court of Connecticut · 1929
- First Taxing District v. National Surety Co.Supreme Court of Connecticut · 1922
- Johnston v. MoellerSupreme Court of Connecticut · 1919
- In re Buildice Co.District Court, N.D. Illinois · 1956
- Krall Coal Co. v. Century Indemnity Co.Supreme Court of Connecticut · 1953
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