Matz v. Arick
Supreme Court of Connecticut
Action to foreclose a mortgage for $5,000, brought to tbe City Court of New Haven and thence by appeal to tbe Superior Court in New Haven County and tried to the court, Gager, J.; facts found and judgment rendered establishing the validity of the mortgage for the full amount, as against the mortgagor Arick, but for $1,323 only, as against the other defendants, and appeal by the plaintiffs and certain of the defendants.
1Opinion of the CourtBaldwin, J.
The mortgage in suit was executed by the defendant Arick, to secure his negotiable note for $5,000, dated March 30th, 1897, and payable on or before six months after date. It was given to raise funds to assist Arick in erecting three buildings on the land mortgaged, and he had received only $400 in money on the day when the note was dated and delivered. He had, however, agreed to allow the plaintiffs a bonus of $600 for making the loan, and gave them on that day a written receipt for $1,000, described as “ being a part of the loan of five thousand dollars this day made to me.” They also then…
2Cases cited5 opinions
- Ayres v. WiswallSupreme Court of the United States · 1884
- Beach v. OsborneSupreme Court of Connecticut · 1902
- North v. BeldenSupreme Court of Connecticut · 1840
- Sanford v. WheelerSupreme Court of Connecticut · 1839
- Mix v. CowlesSupreme Court of Connecticut · 1850
3Cited by15 opinions
- Connecticut Bank & Trust Co. v. Carriage Lane AssociatesSupreme Court of Connecticut · 1991
- Bizzoco v. ChinitzSupreme Court of Connecticut · 1984
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- Sadd v. HeimSupreme Court of Connecticut · 1956
- Connecticut National Bank v. EspositoSupreme Court of Connecticut · 1989
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