Brault v. Graydon

Plaintiff's Pretrial Memorandum

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This Pretrial Memorandum was filed in a foreclosure action. The memorandum explains that defendants' cannot establish their claim that the Note at issue was the subject of an oral accord and satisfaction, because (1) the statute of frauds barrs an oral accord relating to note secured by property; and (2) there was no good faith dispute, consideration or meeting of the minds - all of which are elements required to establish and accord. The memorandum also addresses the defendants' assertion that the note and mortgage lacked consideration, explaining that, under the Uniform Commercial Code 42a-3-303(a)(3) and Connecticut caselaw, an antecedent debt is adequate consideration for the subequent execution of a note regarding the debt and a Mortgage securing a note does not require consideration.

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Reference Info:Legal Memoranda: Pre-Trial Motions | State, 2nd Circuit, Connecticut | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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