Legal Opinion

Neuschtat v. Rosenthal

Supreme Court of Connecticut

Decided July 30, 1913PublishedCited by 7 opinions

Action to recover damages for alleged breaches of the defendants’ covenants in a lease, for the cancellation of the contract and for a foreclosure of the lien or mortgage referred to therein, brought to and tried by the Superior Court in New Haven County, Bennett, J facts found and decree rendered adjudging that the plaintiffs had an equitable lien for $2,000 upon the premises leased to them, less such sum as might appear to be due from them to the defendants upon an…

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Action to recover damages for alleged breaches of the defendants’ covenants in a lease, for the cancellation of the contract and for a foreclosure of the lien or mortgage referred to therein, brought to and tried by the Superior Court in New Haven County, Bennett, J facts found and decree rendered adjudging that the plaintiffs had an equitable lien for $2,000 upon the premises leased to them, less such sum as might appear to be due from them to the defendants upon an accounting for their use of the premises and for the personal property received by them when they went into possession; upon…

1Opinion of the CourtBeach, J.

The refusal of the trial court to make a finding of facts in pursuance of the defendant’s request for a finding is assigned as error. It appears from the record, however, that an interlocutory judgment for an accounting was entered January 20th, 1912; that at that time the defendant made no request for a finding under § 792 of the General Statutes, but did request the court to make a finding of facts as part of the judgment-file under § 763. No appeal was taken from the interlocutory judgment for an accounting, and the case went to final judgment April 9th, 1913. Under the circumstances, the…

2Cases cited2 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Wells v. Hartford Manilla Co.Supreme Court of Connecticut · 1903

3Cited by7 opinions

  1. Collins v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1973
  2. Preston v. PrestonSupreme Court of Connecticut · 1925
  3. Finlay v. SwirskySupreme Court of Connecticut · 1923
  4. Amsterdam Realty Co. v. JohnsonSupreme Court of Connecticut · 1932
  5. New York, New Haven & Hartford Railroad v. Board of Water CommissionersSupreme Court of Connecticut · 1925

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