Adams v. Way
Supreme Court of Connecticut
Action upon a covenant given by the defendant to secure the payment of a loan made by the plaintiff to Leonard Kennedy and Leonard W. Kennedy of Milwaukee in the state of "Wisconsin, secured by a mortgage of real estate in Milwaukee executed by Leonard W. Kennedy and his wife.
Read the full summary
Action upon a covenant given by the defendant to secure the payment of a loan made by the plaintiff to Leonard Kennedy and Leonard W. Kennedy of Milwaukee in the state of "Wisconsin, secured by a mortgage of real estate in Milwaukee executed by Leonard W. Kennedy and his wife. The bond and mortgage were dated December 3d, 1858, and were for the payment of $3,500 in three years from date, with interest at the rate of twelve per cent, per annum, payable semiannually ; the mortgage containing a provision that, upon the non-payment of interest when due, the whole sum should at the option of the…
1Opinion of the CourtCarpenter, J.
The several questions presented by the record in this case, and relied upon by the defendant’s counsel, will be considered in their order.
1. The first arises under the motion in error, and relates to the sufficiency of the declaration. The contract declared on contains the following proviso: — “ Provided that if the said Adams shall be unable to collect the whole or any part of said debt, interest and expenses, by reason of want of title of said Kennedy or his wife in and to said property so mortgaged, then this guaranty shall be void and .of no effect.” The declaration does not negative this…
2Cases cited6 opinions
- State v. MillerSupreme Court of Connecticut · 1856
- Beckwith v. Trustees of the Hartford, Providence & Fishkill RailroadSupreme Court of Connecticut · 1860
- Union Bank of Georgetown v. CrittendenU.S. Circuit Court for the District of District of Columbia · 1821
- State v. PowersSupreme Court of Connecticut · 1856
- Pepoon v. JenkinsNew York Supreme Court · 1800
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Hubbard v. CallahanSupreme Court of Connecticut · 1875
20 more not listed; retrieve them via the Exa API.