Hall v. Way
Supreme Court of Connecticut
Assumpsit upon an agreement of the defendant to assume and pay a mortgage debt due the plaintiff; brought to the Superior Court in Hartford County. The plaintiff sued upon the promise in one count in his own right and in another as assignee of the rights of one William H. Camp, to whom the promise was made.
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Assumpsit upon an agreement of the defendant to assume and pay a mortgage debt due the plaintiff; brought to the Superior Court in Hartford County. The plaintiff sued upon the promise in one count in his own right and in another as assignee of the rights of one William H. Camp, to whom the promise was made. The defendant pleaded the general issue with notice of a set-off of a claim upon the said Camp upon a like assumption of a mortgage debt upon land conveyed by the defendant to him. The case was tried to the court, before Beardsley, J., and the following finding of facts was made. On the…
1Opinion of the CourtCarpenter, J.
The defendant purchased a piece of property of one Camp, subject to a mortgage to the plaintiff, assumed the mortgage debt, and promised Camp that he would pay the same. Before the commencement of this suit Camp assigned his claim growing out of this promise to the plaintiff. This suit is brought to recover the amount of the mortgage debt of the defendant.
The defense is that Camp received in exchange for the property certain real estate in Bloomfield, subject to a mortgage to the Society for Savings for $1,400, which mortgage Camp assumed and promised to pay; but has not paid the same except…
2Cited by3 opinions
- Jacobs v. KuppersteinSupreme Court of Connecticut · 1931
- Trotta v. PreteSupreme Court of Connecticut · 1930
- Goodwin v. JacksonSupreme Court of Connecticut · 1922