Dime Savings Bank v. McAlenney
Supreme Court of Connecticut
Action to recover. damages for breach of covenant, or in lieu thereof the amount of a mortgage note, brought to the Superior Court in New Haven County, where a demurrer to the substituted complaint was overruled (Ralph Wheeler, J.j and the case was tried to the court, Shumway, J.; facts found, judgment rendered.for the plaintiff, and appeal by the defendant.
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Action to recover. damages for breach of covenant, or in lieu thereof the amount of a mortgage note, brought to the Superior Court in New Haven County, where a demurrer to the substituted complaint was overruled (Ralph Wheeler, J.j and the case was tried to the court, Shumway, J.; facts found, judgment rendered.for the plaintiff, and appeal by the defendant. February. 29th, 1888, Joseph Cassidy of Waterbury .owed the plaintiff $1,800, as evidenced by his note therefor payable on demand, with interest semi-annually in advance. On that day, to secure said note, he executed to the plaintiff a…
1Opinion of the CourtPrentice, J.
This action was originally brought against the defendant in his individual capacity. After a demurrer to the complaint had been sustained in part, a substitute complaint was filed. -This having been demurred to with the same result as before, the defendant in his capacity as executor was cited in as a party defendant, and another complaint substituted. Another demurrer followed, which was overruled. After the pleadings had passed through sundry other vicissitudes unimportant to notice, an answer was filed and the case went to trial to the juiy. After the evidence was closed the case was taken…
2Cases cited1 opinion
- Brown & Bros. v. BrownSupreme Court of Connecticut · 1888
3Cited by7 opinions
- Beard, Appeal From ProbateSupreme Court of Connecticut · 1906
- Roth v. RavichSupreme Court of Connecticut · 1930
- State v. GriffinSupreme Court of Connecticut · 1976
- Wright v. RobertsSupreme Court of Rhode Island · 1926
- Dime Savings Bank v. McAlenneySupreme Court of Connecticut · 1905
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