Ely v. Stannard
Supreme Court of Connecticut
Action on the case for fraud in releasing a mortgage to •which the'plaintiff was equitably entitled; brought to the Superior Court in Hartford County, and tried to the jury on the general issue before Beardsley, J. Upon the trial 'it became a material question whether a certain mortgage executed by the plaintiff to the defendant, had ever been legally delivered to the latter.
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Action on the case for fraud in releasing a mortgage to •which the'plaintiff was equitably entitled; brought to the Superior Court in Hartford County, and tried to the jury on the general issue before Beardsley, J. Upon the trial 'it became a material question whether a certain mortgage executed by the plaintiff to the defendant, had ever been legally delivered to the latter. The plaintiff offered evidence to prove, among other things, that, being indebted to the defendant for the purchase of the land so mortgaged by a negotiable promissory note, for the sum of $1,200, dated July 9,1878,…
1Opinion of the Court
Park, 0. J.
In the recent case of White v. Griffing, (ante, p. 437,) we said that it was difficult to see how an assignee in-bankruptcy could sell the lease of the bankrupt for a large' sum, and appropriate the money for the benefit of the creditors, without accepting the assignment of the lease. The finding in that case was, that the assignee put up the lease for sale at public vendue, and that it was sold for a considerable sum of money, which the assignee received and appropriated for the benefit of the bankrupt’s creditors. The question was whether, as matter of law, the assignee by so…
2Cited by4 opinions
- Hoyt v. KetchamSupreme Court of Connecticut · 1886
- Ruthrauff v. Silver King Western Min. & Mill. Co.Utah Supreme Court · 1938
- Henningsen v. StrombergMontana Supreme Court · 1950
- Henningsen v. StrombergMontana Supreme Court · 1950