Meech v. Ensign
Supreme Court of Connecticut
Civil action upon a promise of a grantee in a conveyance of an equity of redemption to pay the mortgage debt; brought to the Superior Court in Middlesex County.
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Civil action upon a promise of a grantee in a conveyance of an equity of redemption to pay the mortgage debt; brought to the Superior Court in Middlesex County. The case was tried to the court and the following facts found : On the 10th of November, 1878, John H. Poindexter of Hartford made two promissory notes of that date, each for the sum of $1,878.12, and payable to the order of Michael E. Griffin, executor, one two years and the other four years after date, and to secure their payment. mortgaged to Griffin as executor certain real estate situate in Middletown in this state, the same…
1Opinion of the CourtCarpenter, J.
The plaintiffs held a mortgage on real. estate. The defendant purchased the equity of redemption, agreeing with the mortgagor to pay the mortgage debt. Subsequently the mortgage was foreclosed—the property then being worth less than the mortgage debt—leaving a balance unpaid. This action is brought to recover the balance. The promise was not assigned to the plaintiffs but was- discharged by the mortgagor before suit brought. The question of the defendant’s liability is reserved for the advice of this court.
The case differs from the other cases on this subject that *203have heretofore been before…
2Cases cited6 opinions
- Farley v. ClevelandNew York Supreme Court · 1825
- King v. WhitelyNew York Court of Chancery · 1843
- Curtis v. TylerNew York Court of Chancery · 1842
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Davis v. CallowayIndiana Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baurer v. DevenisSupreme Court of Connecticut · 1923
- Boardman v. LarrabeeSupreme Court of Connecticut · 1883
- Colchester Savings Bank v. BrownSupreme Court of Connecticut · 1902
- Central Trust Co. of New York v. Berwind-White Coal Co.U.S. Circuit Court for the District of Southern New York · 1899
- McKay v. WardUtah Supreme Court · 1899