Middletown Savings Bank v. Bates
Supreme Court of Connecticut
This was an action of ejectment; tried at Middletown, February term, 1835, before Bissell, J. The plaintiffs claimed title to the demanded premises, by virtue of two mortgage deeds, purporting to have been executed by the defendant to the plaintiffs, conditioned for the payment of two notes, one for 1500 dollars, the other for 1000 dollars.
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This was an action of ejectment; tried at Middletown, February term, 1835, before Bissell, J. The plaintiffs claimed title to the demanded premises, by virtue of two mortgage deeds, purporting to have been executed by the defendant to the plaintiffs, conditioned for the payment of two notes, one for 1500 dollars, the other for 1000 dollars. To prove the execution of these deeds, the plaintiffs offered Augustus Cook, a subscribing witness, and Henry Car-rington, who, being enquired of as to their interest, stated, that at the time of the execution of the deeds, they were trustees of the…
1Opinion of the CourtBissell, J.
This motion has been supported on two grounds. The first is, that the judge on the circuit admitted Henry Carrington and Augustus Cook, Esquires, to testify in the cause.
It is claimed, that they were incompetent witnesses. From their examination, it appears, that they were trustees of the Savings Bank; but that they were neither stock-holders nor depositors. Nor had they any interest in the event of the suit, unless the fact of their being trustees created such an interest. Now, it is impossible to conceive how that circumstance should create any interest whatever. The charter, under which…
2Cases cited5 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Rockwell v. BradleySupreme Court of Connecticut · 1816
- Sears v. DillinghamMassachusetts Supreme Judicial Court · 1815
- Wakeman v. BanksSupreme Court of Connecticut · 1818
3Cited by3 opinions
- First National Bank v. TenneyAppellate Court of Illinois · 1892
- New Jersey Trust & Safe Deposit Co. v. Camden Safe Deposit & Trust Co.Supreme Court of New Jersey · 1895
- Peabody v. Leong YenHawaii Supreme Court · 1921