Merwin v. Austin
Supreme Court of Connecticut
Action for goods sold to the defendant and for money paid for or advanced to her, by one Gilbert, who had since become an insolvent debtor and of whose estate in insolvency the plaintiff was trustee; brought to the Superior court in New Haven County. The defendant pleaded a set-off against the whole claim. The following statement of the facts was agreed upon by the parties.
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Action for goods sold to the defendant and for money paid for or advanced to her, by one Gilbert, who had since become an insolvent debtor and of whose estate in insolvency the plaintiff was trustee; brought to the Superior court in New Haven County. The defendant pleaded a set-off against the whole claim. The following statement of the facts was agreed upon by the parties. Elijah Gilbert, of New Haven, was, on the 10th day of December, 1888, adjudicated an insolvent debtor by the court of probate for the district of New Haven, and on the 13th day of December the plaintiff was appointed and…
1Opinion of the CourtPardee, J.
In May, 1888, Elijah Gilbert was indebted to the City Bank of New Haven by his note for $5,000, for money loaned to and used by him. For his accommodation the defendant had signed the note as surety. On November 13th the bank notified the defendant that the note was overdue and unpaid and that it should look to her for payment. On December 5th she orally promised the bank to secure the note by a mortgage, and on December 7th duly executed and delivered it. On December 10th Elijah Gilbert was adjudicated an insolvent upon a petition filed on December 6th, and served on December 7th, and the…
2Cases cited1 opinion
- Parsons v. RootSupreme Court of Connecticut · 1874
3Cited by17 opinions
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- In re Wilcox & Howe Co.Supreme Court of Connecticut · 1898
- St. Paul & M. Trust Co. v. LeckSupreme Court of Minnesota · 1894
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- Brackett v. Middlesex Banking Co.Supreme Court of Connecticut · 1915
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