Twiss v. Herbst
Supreme Court of Connecticut
Action to secure the cancellation of a promissory note for $1,000 and the discharge or release of a mortgage securing the same, brought to and tried by the Superior Court in New Haven County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Action to secure the cancellation of a promissory note for $1,000 and the discharge or release of a mortgage securing the same, brought to and tried by the Superior Court in New Haven County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. This is an action for an injunction restraining the defendant from negotiating a note and from assigning the mortgage given to secure the same, and for the delivery of the note to the plaintiff and the release and cancellation of the mortgage. There were two counts in the complaint relating to different…
1Opinion of the CourtGager, J.
In Zimmerman v. Garvey, 81 Conn. 570, 71 Atl. 780, the duty of real-estate brokers with respect to fidelity to their clients was clearly and concisely stated by this court: “A recognized rule of public policy .forbids a real-estate broker, as it does agents generally, to act for both parties to a transaction, in the absence of their knowledge that he is so acting and their express or implied assent thereto. One who acts in violation of this rule cannot recover for his services, even upon an express promise. Farnsworth v. Hemmer, 83 Mass. (1 Allen) 494; Carman v. Beach, 63 N. Y. 97; Bell v.…
2Cases cited6 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Carman v. . BeachNew York Court of Appeals · 1875
- Summa v. DereskiawiczSupreme Court of Connecticut · 1909
- Farnsworth v. HemmerMassachusetts Supreme Judicial Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kurtz v. FarringtonSupreme Court of Connecticut · 1926
- Myer v. Preferred Credit, Inc.Harrison County Court of Common Pleas · 2001
- Pentino v. GalloSupreme Court of Connecticut · 1928
- Boyce v. Merchants Fire Insurance Co.District Court, D. Connecticut · 1962
- Herzog v. CookeSupreme Court of Connecticut · 1923
3 more not listed; retrieve them via the Exa API.