Avery v. Brown
Supreme Court of Connecticut
Bill for a foreclosure. The note secured by the mortgage was given in part for the rent of a farm leased by the petitioner to the respondent, and in part for personal property on the farm sold.
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Bill for a foreclosure. The note secured by the mortgage was given in part for the rent of a farm leased by the petitioner to the respondent, and in part for personal property on the farm sold. The respondent in his answer alleged this fact, and that he had been induced to pay so large a rent for the farm by the false representations made at the time by the petitioner as to the quantity, quality and productiveness of the farm; and he prayed that the amount of damage sustained by him by reason thereof might be ascertained by the court and applied in reduction of the petitioner’s claim upon the…
1Opinion of the CourtSanford, J.
This is a bill to foreclose a mortgage given to secure the payment of a note for the rent of a farm leased and personal property sold by the petitioner to the respondent at the time the note and mortgage were executed. The respondent occupied the farm under the lease, and appropriated the personal property to his own use.
Upon the hearing before a committee, the respondent offered to prove that the note was made for a much larger sum than it ought to have been, and that he was induced to make it so by the false representations of the petitioner regarding the contents, quality and…
2Cases cited6 opinions
- Pulsifer v. HotchkissSupreme Court of Connecticut · 1837
- Andrews v. WheatonSupreme Court of Connecticut · 1854
- Gold v. IvesSupreme Court of Connecticut · 1860
- McAlpin v. LeeSupreme Court of Connecticut · 1837
- Moore v. EllsworthSupreme Court of Connecticut · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Beecher v. BaldwinSupreme Court of Connecticut · 1887
- Bank of Boston Connecticut v. Avon Meadow AssociatesConnecticut Appellate Court · 1996
- Boothe v. ArmstrongSupreme Court of Connecticut · 1904
- Nickerson v. MartinConnecticut Superior Court · 1976
15 more not listed; retrieve them via the Exa API.