Adams v. Way
Supreme Court of Connecticut
Covenant on a guaranty. Tried in the superior court on the general issue, closed to the court, before Carpenter, J. The declaration alleged that on the 17th day of December, 1858, L. & L. W. Kennedy of Milwaukee, in the state of Wisconsin, applied to the plaintiff for a loan of $3,500 for the period of three years, with interest payable semi-annually at twelve per cent., and proposed to secure the payment by a mortgage of certain lots in Milwaukee, owned by the wife of L.…
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Covenant on a guaranty. Tried in the superior court on the general issue, closed to the court, before Carpenter, J. The declaration alleged that on the 17th day of December, 1858, L. & L. W. Kennedy of Milwaukee, in the state of Wisconsin, applied to the plaintiff for a loan of $3,500 for the period of three years, with interest payable semi-annually at twelve per cent., and proposed to secure the payment by a mortgage of certain lots in Milwaukee, owned by the wife of L. Kennedy, the mortgage to contain a condition for the payment of the principal and interest according to the terms of the…
1Opinion of the CourtDutton, J.
On the trial of this case to the court, the plaintiff in the first place offered in evidence the original guaranty executed by the defendant, and which is set out in full in the declaration. To this the defendant objected, on the ground that there was a fatal variance between it and the declaration. The particular ground of variance is not pointed out, but on the hearing before us it was claimed to be, that the debt specified in the instrument was payable in three' years, while the debt alleged to be secured by the mortgage was payable in three years or whenever there should be a failure to…
2Cases cited3 opinions
- Bulkley v. LandonSupreme Court of Connecticut · 1818
- Bulkley v. LandonSupreme Court of Connecticut · 1819
- Town of Canterbury v. BennettSupreme Court of Connecticut · 1852
3Cited by19 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Allen v. RulandSupreme Court of Connecticut · 1906
- Salmon v. Department of Public Health & Addiction ServicesSupreme Court of Connecticut · 2002
- Berkley v. Burlington Cadillac Co. Inc.Supreme Court of Vermont · 1923
- Elie v. C. Cowles & Co.Supreme Court of Connecticut · 1909
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