Legal Opinion

Jones v. Quinnipiack Bank

Supreme Court of Connecticut

Decided February 15, 1860PublishedCited by 14 opinions

Bill in equity to compel a conveyance of certain real estate, and for a foreclosure. The petitioners were Seth B. Jones and the New Haven County Bank.

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Bill in equity to compel a conveyance of certain real estate, and for a foreclosure. The petitioners were Seth B. Jones and the New Haven County Bank. The facts, as found by a committee, were substantially as follows :— The Jerome Manufacturing Company, a joint stock corporation, on and previous to the 7th day of November, 1855, owned the premises in question, subject to a mortgage to one Dorsett, dated July 80th, 1853. On the 7th of November, 1855, the company conveyed the premises, by a mortgage deed, to Phineas T. Barnum; the condition of the mortgage being as follows: — “ The condition of…

1Opinion of the CourtEllsworth, J.

We do not discover any error in this record which calls for a reversal of the judgment below. On the contrary, we feel satisfied that the two main points made by the petitioners’ counsel can not be maintained, either on principle or authority.

The first and fundamental position of the petitioners’ counsel, that the deed of the Jerome Manufacturing Company to *39Phineas T. Barnum, dated the Tth day of November, 1855, is, in itself, a deed of trust in behalf of creditors, who should afterwards hold the paper indorsed or accepted by him, constituting Barnum their trustee, and obliging him thereafter…

2Cases cited3 opinions

  1. Homer v. Savings BankSupreme Court of Connecticut · 1829
  2. New-London Bank v. LeeSupreme Court of Connecticut · 1835
  3. Thrall v. SpencerSupreme Court of Connecticut · 1844

3Cited by14 opinions

  1. Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
  2. First Taxing District v. National Surety Co.Supreme Court of Connecticut · 1922
  3. Andreas v. HubbardSupreme Court of Connecticut · 1882
  4. Youngs v. Trustees for the Support of Public SchoolsSupreme Court of New Jersey · 1879
  5. National Park Bank v. HalleAppellate Court of Illinois · 1889

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