Legal Opinion · Concurring in part, dissenting in part

Cheshire Mortgage Service, Inc. v. Montes

Supreme Court of Connecticut

Decided June 30, 1992No. 14304Published

1Concurring in part, dissenting in partBerdon, J.

We sit as a court of equity in reviewing this appeal from the granting of foreclosure of the defendants’ property. See Reynolds v. Ramos, 188 Conn. 316, 320, 449 A.2d 182 (1982). A long standing equitable principle requires that “[e]quity will not afford its aid to one who by his conduct or neglect has put the other party in a situation in which it would be inequitable to place him [or her].” Glotzer v. Keyes, 125 Conn. 227, 231-32, 5 A.2d 1 (1939). Simply put, “[e]quitable power must be exercised equitably.” Hamm v. Taylor, 180 Conn. 491, 497, 429 A.2d 946 (1980). Since I believe that the…

2Cases cited20 opinions

  1. Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
  2. Hume v. United StatesSupreme Court of the United States · 1889
  3. Campbell Soup Co. v. LojeskiCourt of Appeals for the Third Circuit · 1948
  4. Hamm v. TaylorSupreme Court of Connecticut · 1980
  5. Mahoney v. LensinkSupreme Court of Connecticut · 1990

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