Tomlinson Carriage Co. v. Kinsella
Supreme Court of Connecticut
Bell for a foreclosure. The following facts were found by the superior court. The respondent, on the 31st of March, 1857, executed and delivered to Holcomb & Birdsey, copartners, to whom he was indebted, a note for $450, payable to their order, on demand, with interest, and on the 15th of April following mortgaged to them certain real estate for its security.
Read the full summary
Bell for a foreclosure. The following facts were found by the superior court. The respondent, on the 31st of March, 1857, executed and delivered to Holcomb & Birdsey, copartners, to whom he was indebted, a note for $450, payable to their order, on demand, with interest, and on the 15th of April following mortgaged to them certain real estate for its security. On the 15th of April, 1859, Holcomb & Birdsey indorsed and delivered this note for a valuable consideration to the petitioners and assigned to them the mortgage. At the time when the note was executed the respondent was indebted to…
1Opinion of the CourtHinman, C. J.
This was a bill to foreclose a mortgage originally given to Holcomb & Birdsey, and assigned by them to the petitioners. The defense to it rested entirely upon the statute regulating the sale of spirituous liquors. It was claimed that the note secured by the mortgage was given, in part at least, for liquors sold to the respondent, and was therefore void, under the express provisions of the twenty-seventh section of that law. But the superior court did not find this fact. And we think there are no circumstances detailed in the finding from which it can fairly be inferred that it ought to have…
2Cases cited5 opinions
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Nevins v. TownsendSupreme Court of Connecticut · 1825
- Sanford v. ClarkSupreme Court of Connecticut · 1861
- Bissell v. GowdySupreme Court of Connecticut · 1862
- Culver v. ParishSupreme Court of Connecticut · 1851
3Cited by14 opinions
- Loomis v. Norman Printers Supply Co.Supreme Court of Connecticut · 1908
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Curtis v. SmithSupreme Court of Connecticut · 1903
- In re SternbergDistrict Court, D. Connecticut · 1924
- Oley v. MillerSupreme Court of Connecticut · 1901
9 more not listed; retrieve them via the Exa API.