Curtiss v. Hazen
Supreme Court of Connecticut
Action on two notes held by the plaintiff as statutory trustee for his wife, the payee of the notes ; brought to the District Court of Waterbury and tried to the court before Bradstreet, J. Judgment for the plaintiff and appeal by the defendant. The case is fully stated in the opinion.
1Opinion of the CourtCarpenter, J.
This is an action on notes given in 1869. Two answers are filed. 1st. That more than six years have elapsed since the execution and delivery of the notes, and that the action is barred by the statute of limitations. 2d. A special defense, that other parties mortgaged real estate to secure the notes, that the plaintiff foreclosed the mortgage in 1871, and that the defendant was not made a, party to the foreclosure suit. A demurrer to the special defense was sustained by the court, and the defendant answered over. On the trial the court found the issue for the plaintiff and the defendant…
2Cases cited2 opinions
- Windham County Savings Bank v. HimesSupreme Court of Connecticut · 1887
- Backus v. DanforthSupreme Court of Connecticut · 1834
3Cited by2 opinions
- Ansonia National Bank's Appeal from CommissionersSupreme Court of Connecticut · 1889
- M-A-C Loan Plan, Inc. v. SchabelConnecticut Appellate Court · 1969