Legal Opinion

Townsend Savings Bank v. Todd

Supreme Court of Connecticut

Decided June 15, 1879PublishedCited by 27 opinions

Ejectment, brought to the Superior Court in New Haven County. The demanded premises were certain real estate known as the grist-mill property, containing a mill, with dam and water power. The Townsend Savings Bank was originally the sole plaintiff, but after the case came into court Alfred Todd and Tlieron A. Todd moved to be made additional plaintiffs, and that the declaration be so amended that they should be so described therein.

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Ejectment, brought to the Superior Court in New Haven County. The demanded premises were certain real estate known as the grist-mill property, containing a mill, with dam and water power. The Townsend Savings Bank was originally the sole plaintiff, but after the case came into court Alfred Todd and Tlieron A. Todd moved to be made additional plaintiffs, and that the declaration be so amended that they should be so described therein. The defendants objected to this, but the court allowed it. The case was tried to the court on the general issue and the following facts found. On the 10th of…

1Opinion of the CourtGranger, J.

Numerous questions are made in this case, which we will consider in their order.

1. It is claimed on the part of the defendants that the suit could not originally have been brought by the Townsend Savings Bank and the other plaintiffs, Alfred Todd and Theron A. Todd, as joint plaintiffs, and that therefore the court below had no power to allow the amendment by which the last named parties were made plaintiffs.

The act of 1875, under which the amendment was made, is as follows:—“In all suits whei’e a cause of action shall be sustained in favor of or against a part of the parties thereto,…

2Cases cited6 opinions

  1. Culver v. AveryNew York Supreme Court · 1831
  2. Kinney v. WhitonSupreme Court of Connecticut · 1877
  3. University of Vermont v. JoslynSupreme Court of Vermont · 1848
  4. Edwards v. ParkhurstSupreme Court of Vermont · 1849
  5. Gunn v. ScovilSupreme Court of Connecticut · 1810

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. McLaren v. JonesTexas Supreme Court · 1896
  2. Basak v. DamutzSupreme Court of Connecticut · 1926
  3. Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1900
  4. Harral v. LevertySupreme Court of Connecticut · 1882
  5. Hartford Realization Co. v. Travelers InsuranceSupreme Court of Connecticut · 1933

22 more not listed; retrieve them via the Exa API.

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