Trustees of Berkeley Divinity School v. Jarvis
Supreme Court of Connecticut
Bill for a foreclosure of two mortgages. The respondent French had attached and levied an execution upon the mortgaged premises as a creditor of Jarvis the mortgagor, and by his answer claimed that the mortgages were given without consideration and that they were also void against creditors as being given by the mortgagor in failing circumstances and to give a preference to the mortgagees over other creditors. Jarvis, the mortgagor, made no defence.
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Bill for a foreclosure of two mortgages. The respondent French had attached and levied an execution upon the mortgaged premises as a creditor of Jarvis the mortgagor, and by his answer claimed that the mortgages were given without consideration and that they were also void against creditors as being given by the mortgagor in failing circumstances and to give a preference to the mortgagees over other creditors. Jarvis, the mortgagor, made no defence. The superior court upon these pleadings found the following facts. Early in the year 1854 one Edward S. Hall, for the purpose of securing the…
1Opinion of the CourtDutton, J.
Bishop Williams and other prominent Episcopalians wished to establish a Divinity School in this state. To accomplish this object, and also to secure the location of it in Middletown, EdwinS. Hall promised to advance §20,000, and the defendant Jarvis §10,000, with the understanding that subscriptions to the amount of §40,000 in the whole were to be procured. The promise of Mr. Jarvis was made with the knowledge that'Hall had promised §20,000, and was induced in part by the knowledge of that fact. The promise was. made in writing, and put into the hands of the bishop to enable him to procure…
2Cases cited2 opinions
- Rice v. AlmySupreme Court of Connecticut · 1864
- University of Vermont v. BuellSupreme Court of Vermont · 1829
3Cited by2 opinions
- North Ecclesiastical Society v. MatsonSupreme Court of Connecticut · 1869
- Coleman Hotel Co. v. CrawfordTexas Commission of Appeals · 1928