Kendall v. New-England Carpet Co.
Supreme Court of Connecticut
This was a bill of foreclosure. On the 1st of August 1837, Thomas Brewer, Charles L. Roberts and Elbridge G. Roberts, being partners under the name of The New-England Carpet Company, and indebted to sundry persons in large sums, secured by notes, signed by C. L. Roberts, as agent of the company, requested the plaintiff to endorse such notes ; and to secure the plaintiff from loss or damage, by reason of such endorsements, the company mortgaged to him all their interest in…
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This was a bill of foreclosure. On the 1st of August 1837, Thomas Brewer, Charles L. Roberts and Elbridge G. Roberts, being partners under the name of The New-England Carpet Company, and indebted to sundry persons in large sums, secured by notes, signed by C. L. Roberts, as agent of the company, requested the plaintiff to endorse such notes ; and to secure the plaintiff from loss or damage, by reason of such endorsements, the company mortgaged to him all their interest in the manufactory at Tariffville, and the adjacent buildings and water privileges; the plaintiff being at that time the…
1Opinion of the Court
Williams, Ch. J.
The principal questions in this case arise upon the facts stated, in the report ot the The company being greatly embarrassed and unable to carry on their business, on the 24th of February 1838, mortgaged to the plaintiff, who was then endorser, and to whom they were largely indebted, the stock and personal property in the manufactory, with power and authority to work up the stock on hand, and purchase materials for that purpose ; and on the same day, the same property was mortgaged to Phelps, Beach & Co., subject to this prior mortgage. This assignment was signed by Roberts, a…
2Cases cited2 opinions
- Green v. WinterNew York Court of Chancery · 1814
- De Forest v. BaconSupreme Court of Connecticut · 1818
3Cited by12 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
- American Exchange Bank v. InloesCourt of Appeals of Maryland · 1855
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