New Haven Savings Bank v. Tater

8 Conn. Super. Ct. 42
CourtConnecticut Superior Court
DecidedFebruary 13, 1940
DocketFile No. 57793
StatusPublished
Cited by1 cases

This text of 8 Conn. Super. Ct. 42 (New Haven Savings Bank v. Tater) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Haven Savings Bank v. Tater, 8 Conn. Super. Ct. 42 (Colo. Ct. App. 1940).

Opinion

While a receiver of rents may properly be sued, and while the court will not pass upon the merits of a cause of action in passing upon a petition for permission to sue the receiver, it should appear, at least prima facie, that the petitioner has a cause of action against the receiver. Moeller vs.Goffin, 1 Conn. Sup. 85; 53 C.J. Receivers § 552.

In the petition it is alleged that the petitioner was upon the premises as an invitee and suffered injuries caused by the defective and dangerous condition of the premises, but it does not appear that he was an invitee upon that portion of the premises which was exclusively under the control of a tenant or the owner, or that the dangerous and defective condition was on any portion of the premises of which the receiver had control.

The petition is denied without prejudice.

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Related

Hartford Federal Sayings & Loan Ass'n v. Tucker
536 A.2d 962 (Connecticut Appellate Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
8 Conn. Super. Ct. 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-haven-savings-bank-v-tater-connsuperct-1940.