Whittemore v. Hamilton
Supreme Court of Connecticut
Suit for an account and for damages; brought to the Superior Court. The defendants were executors of Samuel Hamilton. Facts found by a committee, and judgment rendered for the plaintiff, (Andrews, J.) Appeal by the defendants. The case is sufficiently stated in the opinion.
1Opinion of the CourtLoomis, J.
This is a complaint by Frank H. Whittemore and his assignees against the executors of Samuel Hamilton, deceased, for an account, and particularly to have the value of a certain mortgage belonging to Whittemore, but-released by Hamilton while he held it as collateral security, charged against his estate in taking the account.
It appears that Whittemore had borrowed from Hamilton, who. was his uncle, divers sums of money, amounting-*155in all to thirteen thousand seven hundred and seventy-three dollars, and had given various collaterals to secure the debt. In April, 1875, he assigned to Hamilton as…
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