151 Conn. 388 | Conn. | 1964
The only question on this appeal is whether a mortgage deed to the plaintiff contained a sufficient statement of the essential terms of the mortgage so as to constitute the mortgage a lien — on the real estate described in the mortgage deed— prior in right to a judgment lien which the defendant Victor Gagliardi had placed on the property. Gagliardi will hereinafter be referred to as the defendant.
A copy of the note, executed by the defendant Corrado on April 30,1959, was attached to and made a part of the mortgage deed given to secure payment of the note. It was recited in the note that the maker promised to pay the plaintiff the principal sum of $12,000, with “interest from date, payable monthly,” on the unpaid balance of the note. It was
The judgment lien, filed on May 12, 1960, was effective from February 16, 1960, the date when the property was attached. General Statutes § 49-44. The defendant filed a special defense in which he alleged that, as to his lien, the mortgage was invalid since it did not state with reasonable certainty the nature and terms of the indebtedness allegedly secured by the mortgage. The court overruled the special defense and rendered judgment of strict foreclosure in favor of the plaintiff; the redemption dates for subsequent encumbrancers were designated. The defendant appealed.
As we understand the defendant’s claim, it is that the failure to set out specifically in the mortgage deed the rate of interest charged and the failure to state the date of maturity render the mortgage invalid as to the defendant because it would be impossible to ascertain from the land records the precise amount of the debt due. General Statutes § 37-1, which sets the interest rate at 6 percent a year where the agreement makes no other provision, has to be read into the contract in this case; Ciarleglio v. Benedict & Co., 127 Conn. 291, 293, 16 A.2d 593; and therefore it fixes the applicable rate
There is no error.
In this opinion the other judges concurred.