Legal Opinion

Adams v. Leavens

Supreme Court of Connecticut

Decided July 15, 1849PublishedCited by 7 opinions

This was an action of assumpsit, brought to recover the rent of certain dwelling-houses, and a cotton factory, leased to the defendants.

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This was an action of assumpsit, brought to recover the rent of certain dwelling-houses, and a cotton factory, leased to the defendants. They pleaded the general issue; and gave notice, that on the trial, they would set off, against the plaintiffs’demand, two claims in their favour-one, for goods sold and delivered to the plaintiffs, amounting to the sum of 970 dollars, 68 cents, and the other, a certain bill of exchange, drawn by C. W. Lawton, and accepted by the plaintiffs, for the sum of 500 dollars, and endorsed to the defendants. The cause was tried at New-London, September term, 1848.…

1Opinion of the CourtWaite, J.

Willes and Avery mortgaged certain property to the plaintiffs, and afterwards mortgaged the same property to Henry C. Tyler, who entered into possession, and leased it to the defendants, for the term of one year, at a stipulated rent of twelve hundred dollars, payable quarterly. By a subsequent arrangement, made by the plaintiffs, the defendants and Tyler, it was agreed, by an instrument in writing, that the rent should be paid to the plaintiffs, and the amount applied toward the extinguishment of the debts due to the plaintiffs from Wittes and Avery.

*79By the terms of this contract, the…

2Cited by7 opinions

  1. Mechanics Bank v. JohnsonSupreme Court of Connecticut · 1926
  2. Bridgeport-City Trust Co. v. Niles-Bement-Pond Co.Supreme Court of Connecticut · 1941
  3. In re McConnellDistrict Court, N.D. New York · 1912
  4. Ciezynski v. New Britain Transportation Co.Supreme Court of Connecticut · 1936
  5. Dorsey v. DorseySupreme Court of Minnesota · 1919

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