Sisk v. Rapuano
Supreme Court of Connecticut
Action to foreclose a mortgage of real estate, brought to and tried by the Superior Court in New Haven County, Case, Jfacts found and judgment rendered for the defendants, and appeal by the plaintiff. One Grillo, owner of the premises in question, being about to build thereon, borrowed $2,500 for that purpose from Hannah Bowler, to be advanced as building operations required, and executed the mortgage in suit.
Read the full summary
Action to foreclose a mortgage of real estate, brought to and tried by the Superior Court in New Haven County, Case, Jfacts found and judgment rendered for the defendants, and appeal by the plaintiff. One Grillo, owner of the premises in question, being about to build thereon, borrowed $2,500 for that purpose from Hannah Bowler, to be advanced as building operations required, and executed the mortgage in suit. At the same time the building was insured against loss by fire, under a policy making the loss payable to the mortgagee as her interest might appear. In December, 1916, the unfinished…
1Opinion of the CourtBeach, J.
The underlying question is whether the transaction described in the finding of facts amounts to a purchase of the mortgage by the trustee in bankruptcy, or whether, as the trial court held, to a payment of the mortgage.
It is said that on the facts found the judgment is erroneous because it violates the rule that the intention of the parties should prevail; that in this case the manifest intention of the parties was that the note and mortgage should be kept alive and not extinguished, and that the court has no right to apply the payment in satisfaction of the mortgage, when the parties had…
2Cases cited8 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
- Thorp v. CrotoSupreme Court of Vermont · 1907
- Gordon v. Ware Savings BankMassachusetts Supreme Judicial Court · 1874
- Meriden Savings Bank v. Home Mutual Fire InsuranceSupreme Court of Connecticut · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Haskin v. GreeneOregon Supreme Court · 1955
- Camden Fire Ins. v. SutherlandTexas Commission of Appeals · 1926
- Dodd v. San Joaquin Lumber Co.Court of Appeals for the Ninth Circuit · 1924
- First Taxing District v. National Surety Co.Supreme Court of Connecticut · 1922
- Malvaney v. YagerMontana Supreme Court · 1936
6 more not listed; retrieve them via the Exa API.