Legal Opinion

Burr v. Harty

Supreme Court of Connecticut

Decided July 18, 1902PublishedCited by 44 opinions

Action by tbe indorsers against the makers to recover the amount of a note for 13,500, brought to the -Superior Court in Fairfield County and tried to the jury before Robinson, J.; verdict and judgment for the defendants, and appeal by the plaintiffs for alleged error of the court in refusing to set aside the verdict as against the evidence in the cause. The case is sufficiently stated in the opinion.

1Opinion of the Court

Hamer,sley, J.

This action is brought by the plaintiffs as indorsees of the payee of a promissory note dated February 9th, 1900, and payable to the order of one Charles B. Marsh, against the defendants as makers. The note was secured by a mortgage on land, and appeared on its face to be a mortgage note. The defense is payment to said Marsh while he> was owner of the note. It is conceded that payment was made to Marsh on’ May 31st, 1900, who then released the mortgage to the defendants, vesting in them a clear title to the land mortgaged, and shortly after gave them a receipt for the payment…

2Cases cited2 opinions

  1. Bissell v. DickersonSupreme Court of Connecticut · 1894
  2. Johnson v. NortonSupreme Court of Connecticut · 1894

3Cited by44 opinions

  1. A-G Foods, Inc. v. Pepperidge Farm, Inc.Supreme Court of Connecticut · 1990
  2. Champagne v. Raybestos-Manhattan, Inc.Supreme Court of Connecticut · 1989
  3. State v. HammondSupreme Court of Connecticut · 1992
  4. State v. AvcollieSupreme Court of Connecticut · 1979
  5. Palomba v. GraySupreme Court of Connecticut · 1988

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