Barnes v. Upham
Supreme Court of Connecticut
Action in four counts to recover the amount of four promissory notes, brought to the Superior Court in Fairfield County where a demurrer to the “ special defenses” of the answer was sustained, Curtis, J., and the cause was afterward tried to the court, Warner, J.; facts found and judgment rendered for the plaintiff Barnes to recover $4,967, and for the coplaintiff, the Citizens National Bank, to recover $5,533, from which the plaintiff Barnes and the defendant each appealed.
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Action in four counts to recover the amount of four promissory notes, brought to the Superior Court in Fairfield County where a demurrer to the “ special defenses” of the answer was sustained, Curtis, J., and the cause was afterward tried to the court, Warner, J.; facts found and judgment rendered for the plaintiff Barnes to recover $4,967, and for the coplaintiff, the Citizens National Bank, to recover $5,533, from which the plaintiff Barnes and the defendant each appealed. The complaint is in four counts. The first, second and fourth counts are on notes executed and delivered by the…
1Opinion of the CourtBeach, J.
The second special defense to the first count is based on the theory that the defendant, after having parted with the equity of redemption, was entitled to notice of the pendency of the proceedings for the foreclosure of the first mortgage, and that it was the duty of the second mortgagee, if she elected not to redeem, to give such notice in case she desired to hold the defendant on the note.
Neither of these propositions is sound. In the first place, the defendant, by a conveyance of the equity, had parted with his entire interest in the premises. As the record title stood he had no interest…
2Cited by11 opinions
- Hartford Federal Savings & Loan Ass'n v. TuckerSupreme Court of Connecticut · 1985
- Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
- Santoro v. KleinbergerSupreme Court of Connecticut · 1932
- Cimmino v. Household Realty Corp.Connecticut Appellate Court · 2007
- Ninth RMA Partners, L.P. v. KrassConnecticut Appellate Court · 2000
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