Pond v. Clarke
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure of mortgaged premises. On the 12th of August, 1836, Phineas F. Frazee and Jesse J. Brown, being partners in the business of manufacturing and vending carriages, under the name of P. F. Frazee Sg Co. in Connecticut, and of J. J. Brown Sg Co. in Virginia, mortgaged to Adolphus Baldwin, Charles H. Pond, and Charles P. Strong, all of Milford in this state, the manufacturing establishment of the mortgagors in Milford, and also…
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This was a bill in chancery for a foreclosure of mortgaged premises. On the 12th of August, 1836, Phineas F. Frazee and Jesse J. Brown, being partners in the business of manufacturing and vending carriages, under the name of P. F. Frazee Sg Co. in Connecticut, and of J. J. Brown Sg Co. in Virginia, mortgaged to Adolphus Baldwin, Charles H. Pond, and Charles P. Strong, all of Milford in this state, the manufacturing establishment of the mortgagors in Milford, and also personal estate to a considerable amount. Baldwin was their indorser on five notes, and their creditor by book for about 490…
1Opinion of the CourtSherman, J.
It has been insisted, by the defendants, that the just construction of the condition of the first mortgage is such, as to the several indorsements which it specifies, that the indorsers are entitled to no indemnity for the damages they may have sustained, by becoming security upon new notes or drafts, given on renewal of the first. To sustain this position, the case of Peters v. Goodrich, 3 Conn. Rep. 146., is pressed upon our consideration. That was a writ of error on a decree of the county court on a bill in equity for the foreclosure of a mortgage. The plaintiffs in error were defendants…
2Cases cited2 opinions
- Bolles v. ChaunceySupreme Court of Connecticut · 1831
- Peters v. GoodrichSupreme Court of Connecticut · 1819
3Cited by9 opinions
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
- Pearce v. BuellOregon Supreme Court · 1892
- Williams v. StarrWisconsin Supreme Court · 1856
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- Partridge v. SmithU.S. Circuit Court for the Northern District of Illnois · 1869
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