Newtown Savings Bank v. Lawrence
Supreme Court of Connecticut
Suit to establish the existence of a lost unrecorded mortgage deed, to foreclose the mortgaged premises and for other equitable relief, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court.
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Suit to establish the existence of a lost unrecorded mortgage deed, to foreclose the mortgaged premises and for other equitable relief, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. The trial court found the following facts: — “1. On 'April 14th, 1892, the plaintiff loaned to the defendant Lawrence $3,000, npon his demand note, secured by a mortgage duly executed upon the property described in plaintiff’s…
1Opinion of the CourtHall, J.
Neither of the defendants admitted the allegation of the complaint that Hart was appointed trustee under a voluntarily assignment of Lawrence. Both defendants admitted that he was duly appointed trustee. Further, as to his appointment, the defendant Kelly alleged that he had no information sufficient to form a belief; while the defendant Hart, himself the trustee, alleged that he was so appointed upon the petition of a creditor of Lawrence. Under these pleadings the burden was upon the plaintiff to prove that the proceedings in insolvency were voluntary, had that alleged fact been a material…
2Cases cited4 opinions
- New Haven Wire Co. CasesSupreme Court of Connecticut · 1888
- Shipman v. Ætna InsuranceSupreme Court of Connecticut · 1860
- Ives v. LynnSupreme Court of Connecticut · 1829
- Filley v. KingSupreme Court of Connecticut · 1881
3Cited by12 opinions
- Waterman v. BuckinghamSupreme Court of Connecticut · 1906
- Farmers & Mechanics Savings Bank v. GarofaloSupreme Court of Connecticut · 1991
- Newman v. GaulSupreme Court of Connecticut · 1925
- Sanford v. DeforestSupreme Court of Connecticut · 1912
- Fosdick v. RobersonSupreme Court of Connecticut · 1917
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