Legal Opinion

Quinnipiac Brewing Co. v. Fitzgibbons

Supreme Court of Connecticut

Decided July 26, 1898PublishedCited by 9 opinions

Suit to set aside a voluntary conveyance by a husband to his wife, to foreclose a judgment lien, and for other equitable relief, brought to the Superior Court in New Haven County and referred to a committee by whom the facts were found and reported; the court, Elmer, J., accepted the report of the committee and rendered judgment in favor of the defendants, and the plaintiff appealed for alleged errors in the rulings of the court.

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Suit to set aside a voluntary conveyance by a husband to his wife, to foreclose a judgment lien, and for other equitable relief, brought to the Superior Court in New Haven County and referred to a committee by whom the facts were found and reported; the court, Elmer, J., accepted the report of the committee and rendered judgment in favor of the defendants, and the plaintiff appealed for alleged errors in the rulings of the court. The material facts found by the committee in this case are these: The defendants, Patrick H. Fitzgibbons and Catherine Fitzgibbons, intermarried in 1893, The…

1Opinion of the Court

ToübaííCE, J.

The real, and substantially the only, controverted question in this case, relates to the validity of the conveyance made by the husband to his wife on the 30th day of January, 1895, and many of the facts found and matters stated in the report of the committee have little or no bearing upon the settlement of this question. The decisive facts in the case are few in number and may be thus stated and summarized: The real estate so conveyed was worth, when conveyed, $3,000 over and above the mortgage upon it, and it was all the real estate that the husband then owned. Aside from this…

2Cases cited2 opinions

  1. Salmon v. BennettSupreme Court of Connecticut · 1816
  2. Filley v. KingSupreme Court of Connecticut · 1881

3Cited by9 opinions

  1. Clarke v. BlackSupreme Court of Connecticut · 1906
  2. O'Neill v. KilduffSupreme Court of Connecticut · 1908
  3. Pepe v. SantoroSupreme Court of Connecticut · 1925
  4. Second National Bank of New Haven v. HarrisSupreme Court of Connecticut · 1936
  5. Trachten v. BoyarskySupreme Court of Connecticut · 1937

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