Marsh v. Keating
Supreme Court of Connecticut
Action to foreclose a mortgage of real estate, brought to and tried by the Court of Common Pleas in Fairfield County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant Catherine Keating.
1Opinion of the CourtPrentice, J.
Counsel for the appellant in her brief makes only two claims of error. The first was not made upon the trial and need not be considered. General Statutes, § 802. Its nature is such that it would be unfair to the plaintiff to take cognizance of it at this stage of the cause.
The second is to the effect that as the mortgage note was taken from the mortgagee by the plaintiff and is now held by the latter solely as collateral security, and as the indebtedness, to secure which it was so taken and is so held, was in part, at least, one which might or might not have been created at the option of the…
2Cases cited5 opinions
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Buchanan v. International BankIllinois Supreme Court · 1875
- Calkins v. LockwoodSupreme Court of Connecticut · 1844
- Moors v. WashburnMassachusetts Supreme Judicial Court · 1888