Bigelow v. Benedict
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure. The bill stated, That on the 8th of December, 1818, Timothy Benedict and Isaac Tucker were justly indebted to the plaintiff in the sum of 600 dollars, for which they gave the plaintiff five promissory notes, four for the sum of 100 dollars each, and one for the sum of 200 dollars, all payable, by the makers jointly and severally, to the plaintiff, within three years from the date, with interest annually; and that to secure the…
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This was a bill in chancery for a foreclosure. The bill stated, That on the 8th of December, 1818, Timothy Benedict and Isaac Tucker were justly indebted to the plaintiff in the sum of 600 dollars, for which they gave the plaintiff five promissory notes, four for the sum of 100 dollars each, and one for the sum of 200 dollars, all payable, by the makers jointly and severally, to the plaintiff, within three years from the date, with interest annually; and that to secure the payment of these notes, Benedict, on the same day, mortgaged to the plaintiff certain pieces of land; the condition of…
1Opinion of the CourtPeters, J.
This case presents two questions. 1. Is Tucker a competent witness to the deed in question. 2. Are the notes well described in the condition thereto annexed ?
Tucker was the principal debtor. Benedict became his surety, and pledged his estate to Bigelow, to secure this debt. Tucker subscribed the deed as a witness; and was called, by Bigelow, to prove its execution, to effect a foreclosure, and thus pay his own debt with Benedict’s estate ; thereby becoming his debtor for the same amount. Tuckers interest in the event, if any he had, is perfectly balanced; as the principal is always bound to…
2Cited by4 opinions
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