McLoughlin v. Shaw
Supreme Court of Connecticut
Suit to foreclose a mortgage of real estate, brought to and tried by the Superior Court in Fairfield County, Curtis, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiffs. On February 12th, 1904, Cossitt and Comstock, both residing in Canada, owned jointly Roton Hill Farm in Norwalk, Connecticut, and at their request the defendant Shaw, a lawyer in Canada, drew a trust agreement which they executed.
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Suit to foreclose a mortgage of real estate, brought to and tried by the Superior Court in Fairfield County, Curtis, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiffs. On February 12th, 1904, Cossitt and Comstock, both residing in Canada, owned jointly Roton Hill Farm in Norwalk, Connecticut, and at their request the defendant Shaw, a lawyer in Canada, drew a trust agreement which they executed. It provided that Cossitt was to deed his interest in this farm to Comstock, and that Comstock was to hold the farm as security for payments made by him on account…
1Opinion of the CourtWheeler, J.
The note and mortgage in reliance upon which the plaintiffs bring their foreclosure, were duly executed, and will be presumed valid until the contrary be proven; and the burden of proving this is upon the defendants.
The mortgage and note were executed under the authority of the trust agreement, and the defendants claim in their defenses, first, that the trust agreement gave no power to execute the note and mortgage, and second, that they were procured by fraud and hence are invalid.
The trial court held these instruments invalid be cause "the terms of that agreement do not permit the trustee…
2Cases cited13 opinions
- Merchants Exchange National Bank v. Commercial Warehouse Co.New York Court of Appeals · 1872
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Illustrated Postal Card & Novelty Co. v. HoltSupreme Court of Connecticut · 1912
- Beggs & Co. v. BartelsSupreme Court of Connecticut · 1900
- Grigg v. BanksSupreme Court of Alabama · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
- Dale Arfons v. E.I. Du Pont De Nemours & Company, Incorporated and the Ensign-Bickford CompanyCourt of Appeals for the Second Circuit · 1958
- Great American Indem. Co. Of New York v. SaltzmanCourt of Appeals for the Eighth Circuit · 1954
- Bowman v. Grolsche Bierbrouwerij B.V.District Court, D. Connecticut · 1979
- Buchanan v. Employers Mutual Liability InsuranceSupreme Court of Kansas · 1968
18 more not listed; retrieve them via the Exa API.