Beach v. Osborne
Supreme Court of Connecticut
Actions to foreclose mortgages of real estate, brought to the Superior Court in Fairfield County and tried to the court, Robinson, J.; facts found and judgment rendered for the plaintiff in each case, and appeal by certain of the defendants for alleged errors in the rulings of the court.
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Actions to foreclose mortgages of real estate, brought to the Superior Court in Fairfield County and tried to the court, Robinson, J.; facts found and judgment rendered for the plaintiff in each case, and appeal by certain of the defendants for alleged errors in the rulings of the court. The defendants Charles B. and Edward H. Marsh, real estate dealers and builders under the name of Marsh Brothers, on December 30th, 1899, applied to the plaintiff for a loan of $3,500, to be secured by mortgage upon two adjoining building lots. The applicants showed Beach two lots, one having a dwelling-house…
1Opinion of the CourtPrentice, J.
The defendants contend that the plaintiff’s mortgage is void for the insufficiency of the description therein of the mortgage debt. The mortgage is expressed to be given to secure the payment of a note for §3,500. What was the actual transaction in precise detail ? The mortgagors had applied to the plaintiff for a loan of §3,500, which he consented to make upon the receipt of certain mortgage security. When the transaction was consummated the plaintiff gave to the mortgagors §2,500 in cash and checks and, in want of more cash on hand, a due bill for §1,000, which the court finds was given and…
2Cases cited29 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Effinger v. HallSupreme Court of Virginia · 1885
- Thomas v. . EvansNew York Court of Appeals · 1887
24 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Sadd v. HeimSupreme Court of Connecticut · 1956
- First National Bank v. National Grain CorporationSupreme Court of Connecticut · 1925
- Loverin v. KuhneSupreme Court of Connecticut · 1919
23 more not listed; retrieve them via the Exa API.