Crane v. Deming
Supreme Court of Connecticut
This was a bill in chancery, stating the following case. On the 22d of April 1822, Joel Deming, one of the defendants, and Israel Crane, the plaintiff, entered into a covenant, by which it was agreed, by the former, that he and one John Bragg should build a bridge over the Passaic river, on the turnpike road, and complete it, by the 1st oí July following; and by the latter, that he should furnish the timber for the bridge, and to pay the sum of 800 dollars, of which 100…
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This was a bill in chancery, stating the following case. On the 22d of April 1822, Joel Deming, one of the defendants, and Israel Crane, the plaintiff, entered into a covenant, by which it was agreed, by the former, that he and one John Bragg should build a bridge over the Passaic river, on the turnpike road, and complete it, by the 1st oí July following; and by the latter, that he should furnish the timber for the bridge, and to pay the sum of 800 dollars, of which 100 dollars was to be paid on the completion of the bridge, and the residue in three months thereafter. After it was erected, it…
1Opinion of the CourtWilliams, J.
It was claimed, 1. That Joel Deming and wife ought not to have been made parties to the bill; they having sold and conveyed their interest in the mortgaged premises. When an exception of this kind is taken, the defendant, who has had an interest, ought to come in and disclaim, or it should clearly appear from the bill he has parted with that interest. Now, in this bill, it is not stated, that these defendants havé conveyed all their interest, or all their equity of redemption ; but merely, that they conveyed the premises, subject to the incumbrances. On a general demurrer, therefore, this…
2Cases cited5 opinions
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Stoughton v. PascoSupreme Court of Connecticut · 1825
- Shepard v. ShepardSupreme Court of Connecticut · 1825
- Jerome v. JeromeSupreme Court of Connecticut · 1824
3Cited by20 opinions
- Ives v. StoneSupreme Court of Connecticut · 1884
- Boswell v. GoodwinSupreme Court of Connecticut · 1862
- Schmidt v. ZahrndtIndiana Supreme Court · 1897
- Cherry v. MonroNew York Court of Chancery · 1848
- Lampson Lumber Co. v. ChiarelliSupreme Court of Connecticut · 1924
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