Beckwith v. Windsor Manufacturing Co.
Supreme Court of Connecticut
This was a bill in chancery seeking a foreclosure of mortgaged premises. The bill stated, that on the 7th of March, 1840, the defendants, a body corporate, being indebted to the plaintiff, by a penal bond, in the sum of 20,000 dollars, to secure the payment thereof, mortgaged to {he plaintiff a certain lot of land at Windsor Lochs, with the brick paper man-ufactory and other buildings thereon, and the machinery in said buildings [specifying the articles,] the condition of…
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This was a bill in chancery seeking a foreclosure of mortgaged premises. The bill stated, that on the 7th of March, 1840, the defendants, a body corporate, being indebted to the plaintiff, by a penal bond, in the sum of 20,000 dollars, to secure the payment thereof, mortgaged to {he plaintiff a certain lot of land at Windsor Lochs, with the brick paper man-ufactory and other buildings thereon, and the machinery in said buildings [specifying the articles,] the condition of said bond and mortgage deed being, thafrt.he defendants pay to the plaintiff all notes he should indorse for them, for a…
1Opinion of the CourtWaite, J.
Several objections have been made, by the defendants, against a decree in favour of the plaintiff in this case.
1. It is claimed, that a material allegation in the bill is not supported by the finding of the committee. It is averred, that the plaintiff endorsed for the company sundry notes to the amount of fifteen thousand dollars, which he has since been compelled to pay, and has paid; and the committee has found, that the plaintiff has paid only two notes, amounting to five hundred dollars.
But this payment shews, that there has been a breach of the conditions of the bond and mortgage deed,…
2Cases cited4 opinions
- Steele v. WhippleNew York Supreme Court · 1839
- De Forest v. StrongSupreme Court of Connecticut · 1831
- Savings Bank of New-Haven v. Davis & CenterSupreme Court of Connecticut · 1830
- Hutchinson v. HosmerSupreme Court of Connecticut · 1817
3Cited by13 opinions
- Isham v. Bennington Iron Co.Supreme Court of Vermont · 1847
- Garland v. Union Trust Co.Supreme Court of Oklahoma · 1916
- Morrissey v. BroomalNebraska Supreme Court · 1893
- Douglass v. Boulevard Co.Supreme Court of Connecticut · 1917
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
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