Legal Opinion
Bergren v. Davis
District Court, D. Connecticut
Decided July 2, 1968No. Civ. 11816PublishedCited by 15 opinions
1Opinion of the Court
TIMBERS, Chief Judge.
QUESTION PRESENTED
Plaintiff, Leah Davis Bergren, having brought this action to foreclose a preferred ship mortgage pursuant to the Ship Mortgage Act of 1920, 46 U.S.C. § 911 et seq., now moves for summary judgment. Intervening defendants, Andrew Verderame and Walter Heck, oppose the motion and move for leave to file an amended answer alleging failure of consideration as an affirmative defense. The principal question posed by these motions is whether failure of consideration may be raised as a defense in an action to foreclose a ship mortgage under seal and registered…
2Cases cited9 opinions
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
- Downey v. PalmerCourt of Appeals for the Second Circuit · 1940
- Horton v. . DavisNew York Court of Appeals · 1863
- Hannan v. HannanMassachusetts Supreme Judicial Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- North Carolina National Bank v. GillespieSupreme Court of North Carolina · 1976
- United States v. One Motor Yacht Named Mercury, Serial Number 237590Court of Appeals for the First Circuit · 1975
- Industrial National Bank v. PelosoSupreme Court of Rhode Island · 1979
- Wardley International Bank, Inc. v. Nasipit Bay Vessel v. Mobil Oil Corporation and Mobil Sales and Supply CorporationCourt of Appeals for the Ninth Circuit · 1988
- A/S Kreditt-Finans v. Cia Venetico De Navegacion S.A.District Court, E.D. Pennsylvania · 1983
10 more not listed; retrieve them via the Exa API.