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eBook details

• Title: Molk v. Micklewright
• Author : Supreme Court of Connecticut
• Release Date : January 12, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The plaintiff instituted this action in
July, 1959, to foreclose a $4000 mortgage on
property of Harriet S. Warburton on First Avenue
in Waterbury. Mrs. Warburton died in December,
1959. The named defendant, as administratrix
c.t.a. of her estate, was substituted as
defendant.1 The complaint recited that
the mortgage note bore interest at 6 percent
per annum. The note in fact carried interest at
".06" percent. The court rendered judgment of
foreclosure for $4000, with interest computed
at .06 percent. The defendant has appealed, and
the plaintiff has cross appealed, claiming that
the rate of interest recited in the note and
mortgage was an error, that both the note and
mortgage should be reformed and that the
interest should be computed at 6 percent. The finding is not subject to correction. It
states that Mrs. Warburton, hereinafter called the
decedent, was the owner on September 27, 1951, of
the property described in the mortgage. The plaintiff
[151 Conn. 608]

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