Murphy v. Schwaner
Supreme Court of Connecticut
Action against the guarantor of a lease,* to recover rent, brought to and tried by the Superior Court in New London County, Shumway, Jfacts found and judgment rendered for the plaintiffs for $625, and appeal by the defendant.
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Action against the guarantor of a lease,* to recover rent, brought to and tried by the Superior Court in New London County, Shumway, Jfacts found and judgment rendered for the plaintiffs for $625, and appeal by the defendant. The defendant’s contract of guaranty was as follows: “For and in consideration of the letting of the premises above described, and for value received, I guarantee the punctual payment of the rent and performance of the covenants in the above agreement mentioned to be paid and performed by said lessee, without requiring any notice of non-payment or non-performance, or…
1Opinion of the CourtHall, C. J.
Want of title in the plaintiffs to the premises at the time the lease was delivered is not a defense to this action. The plaintiffs acquired title September 24th, and before the commencement of the term on November 15th. The title acquired by the plaintiffs September 24th, rendered the previously delivered lease effective. Salisbury Savings Bank v. Cutting, 50 Conn. 113, and note, 122; Wheeler v. Young, 76 Conn. 44, 48, 55 Atl. 670. The lessees do not claim that the plaintiffs’ title was defective. They are es-topped from doing so; Camp v. Camp, 5 Conn. 291, 300; and the defendant’s guaranty…
2Cases cited11 opinions
- In re Curtis & Castle ArbitrationSupreme Court of Connecticut · 1894
- Camp v. CampSupreme Court of Connecticut · 1824
- Village of Chester v. LeonardSupreme Court of Connecticut · 1897
- Bernd v. LynesSupreme Court of Connecticut · 1899
- Wheeler v. YoungSupreme Court of Connecticut · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Herbert S. Newman & Partners, P.C. v. CFC Construction Ltd. PartnershipSupreme Court of Connecticut · 1996
- Ball v. Stokely Foods, Inc.Washington Supreme Court · 1950
- W. G. Maltby, Inc. v. Associated Realty Co.Supreme Court of Connecticut · 1932
- Gray v. GreenblattSupreme Court of Connecticut · 1931
- Mazzotta v. BornsteinSupreme Court of Connecticut · 1926
11 more not listed; retrieve them via the Exa API.