Legal Opinion

Crofut v. Layton

Supreme Court of Connecticut

Decided June 25, 1896PublishedCited by 8 opinions

Suit to compel the transfer and conveyance by the defendants of certain shares of stock, brought to the Superior Court in Fairfield County and tried to the court, Greorge W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. Jacob M. Layton is the executor of the will of Andrew J. Crofut.

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Suit to compel the transfer and conveyance by the defendants of certain shares of stock, brought to the Superior Court in Fairfield County and tried to the court, Greorge W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. Jacob M. Layton is the executor of the will of Andrew J. Crofut. The plaintiff James K. Crofut, is the son of the testator, the defendant Harriet R. Crofut is his widow, the defendant Grace Mathewson is his daughter; and these three are his only heirs at law and next of kin, and…

1Opinion of the CourtHamersley, J.

The issues presented for trial by the pleadings involve two questions: Was there a valid consideration for the agreement made; has the agreement been fulfilled ?

First. Was there a good and valuable consideration for the alleged promise, aside from any consideration implied by its inclusion in an instrument under seal ? The main facts from which such consideration may be implied, are the statements contained in the instrument itself. That instrument is a peculiar one, and was made under the'following -circumstances :—

Andrew J. Crofut and James H. Knapp were partners who had built up a…

2Cited by8 opinions

  1. Burns v. GouldSupreme Court of Connecticut · 1977
  2. Vinton v. PrattMassachusetts Supreme Judicial Court · 1917
  3. Peyton v. William C. Peyton Corp.Court of Chancery of Delaware · 1937
  4. Cherniack v. Home National Bank & Trust Co.Supreme Court of Connecticut · 1964
  5. Clark v. HefleyCourt of Appeals of Tennessee · 1950

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