Morris v. Grinnell
Supreme Court of Connecticut
Two suits, the first brought by the plaintiff, as trustee in insolvency of the Wetmore Machine Company, to compel the defendant, Grinnell, to release a mortgage which he claimed to hold upon the machinery of the company; the other, brought later, by Grinnell, to foreclose the same mortgage.
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Two suits, the first brought by the plaintiff, as trustee in insolvency of the Wetmore Machine Company, to compel the defendant, Grinnell, to release a mortgage which he claimed to hold upon the machinery of the company; the other, brought later, by Grinnell, to foreclose the same mortgage. Both suits were brought to the Superior Court, and tried before Beardsley, J. Facts found in both cases, and judgment rendered for the plaintiff in the first case and for the defendants in the second case. Grinnell, the defeated party in both cases, appealed in both to this court.
1Opinion of the CourtPark, C. J.
These cases were tried together in the Superior Court, and were argued together before this court, and will therefore be considered together.
It appears that on the 25th day of May, 1881, Grinnell loaned the Wetmore Machine Company the sum of $6,500, and at the same time took from them in good faith what was supposed by both parties to be a mortgage of certain *482machinery in their manufacturing establishment, to secure the loan. By inadvertence the instrument Avas attested by one Avitness only. It Avas duly recorded on the records of the toAvn, but the mistake Avas not discovered until after the…
2Cases cited1 opinion
- Town of Wolcott v. PondSupreme Court of Connecticut · 1849
3Cited by2 opinions
- Crosgrove v. CrosgroveSupreme Court of Connecticut · 1897
- In the Matter of New Idea Yankee Togs, Inc., BankruptCourt of Appeals for the Second Circuit · 1964