City National Bank v. Morrissey
Supreme Court of Connecticut
Suit to determine the title to certain lands, mortgages and notes, brought to and reserved by the Superior Court in Fairfield County, Banks, J., upon the facts alleged in the complaint, for the advice of this court. The material facts, admitted by all parties, are the following: Thomas F. Martin was the owner of two pieces of land, an unsecured note, and certain notes secured by mortgages on real estate.
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Suit to determine the title to certain lands, mortgages and notes, brought to and reserved by the Superior Court in Fairfield County, Banks, J., upon the facts alleged in the complaint, for the advice of this court. The material facts, admitted by all parties, are the following: Thomas F. Martin was the owner of two pieces of land, an unsecured note, and certain notes secured by mortgages on real estate. On March 1st, 1915, he executed quitclaim deeds of some of these mortgages to Thomas Morrissey, trustee, expressing his purpose to assign the mortgages to the grantee, but making no other…
1Opinion of the CourtBurpee, J.
It is manifest that Thomas F. Martin did not deliver any of the notes, or any of the quitclaim deeds of mortgages, or the deeds of the two pieces of land, to any person. When he placed them in the safe of his lawyer, without information or instructions concerning them, he did not part with the possession and control of these instruments. He never made anyone the depositary of any of them. His undelivered letter to Morrissey was not an expression of his intention in making a delivery, because he made no delivery, and he gave the letter no effect. Hence the essential features of the delivery of…
2Cases cited11 opinions
- Main's Appeal From ProbateSupreme Court of Connecticut · 1901
- Candee v. Connecticut Savings BankSupreme Court of Connecticut · 1908
- Wood v. WatkinsonSupreme Court of Connecticut · 1846
- McDermott v. McDermottSupreme Court of Connecticut · 1921
- Meriden Trust & Safe Deposit Co. v. MillerSupreme Court of Connecticut · 1914
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3Cited by10 opinions
- Casto v. MartinWest Virginia Supreme Court · 1976
- Hartford-Connecticut Trust Co. v. SlaterSupreme Court of Connecticut · 1932
- Wasniewski v. Quick and Reilly, Inc.Supreme Court of Connecticut · 2009
- Prendergast v. DrewSupreme Court of Connecticut · 1925
- Bell v. BloomSupreme Court of Connecticut · 1959
5 more not listed; retrieve them via the Exa API.