Lieberum v. Nussenbaum
Supreme Court of Connecticut
Suit to set aside a conveyance of real estate upon the alleged ground that it was procured by misrepresentation, concealment and imposition practiced upon the plaintiff, an aged and inexperienced person, who did not comprehend the nature and legal effect of her act, brought to and tried by the Superior Court in Fairfield County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Suit to set aside a conveyance of real estate upon the alleged ground that it was procured by misrepresentation, concealment and imposition practiced upon the plaintiff, an aged and inexperienced person, who did not comprehend the nature and legal effect of her act, brought to and tried by the Superior Court in Fairfield County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. Plaintiff employed a real-estate agent to procure a purchaser for the property in question at the agreed price of $67,264. The property was subject to a first mortgage for…
1Opinion of the CourtBeach, J.
The agreement that if the defendant desired to increase the first mortgage, plaintiff would release her purchase-money mortgage for that purpose and take back a second mortgage in its place, is improvident on its face. In the absence of any definite agreement by the defendant to apply the proceeds toward enhancing the security, it would enable the defendant, on the pretext of desiring to remodel the premises, to deprive the plaintiff of her security to the extent that the defendant might be able to induce any third person to loan money on the property. Plaintiff did not comprehend the legal…
2Cases cited2 opinions
- Snelling v. MerrittSupreme Court of Connecticut · 1911
- Taylor v. AtwoodSupreme Court of Connecticut · 1880
3Cited by6 opinions
- Bender v. BenderSupreme Court of Connecticut · 2009
- Geremia v. BoyarskySupreme Court of Connecticut · 1928
- Nutmeg State MacHinery Corporation v. ShufordSupreme Court of Connecticut · 1943
- Cofrancesco Construction Co. v. Superior Components, Inc.Court of Appeals of Tennessee · 1963
- Bascetta v. BascettaConnecticut Appellate Court · 1983
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