plaintiff based claim in Connecticut

1995The CT Page 430-N retention of that benefit, claims the plaintiff, is wrongful "and constitutes bad faith for the purpose of avoiding payment of the Plaintiff's just debt." The general oft-recited rule is that "[a]n `implied contract can only exist where there is no express one.' Collins v. Lewis, 111 Conn. 299 , 304 , 149 A. 668 (1930). `[Q]uantum meruit [is a form] of the equitable remedy of restitution by which a plaintiff may recover the benefit conferred on a defendant in situations where no express contract has been entered into by the parties.' Burns v. Koellmer, 11 Conn. App. 375 , 385

1995The CT Page 430-N retention of that benefit, claims the plaintiff, is wrongful "and constitutes bad faith for the purpose of avoiding payment of the Plaintiff's just debt." The general oft-recited rule is that "[a]n `implied contract can only exist where there is no express one.' Collins v. Lewis, 111 Conn. 299 , 304 , 149 A. 668 (1930). `[Q]uantum meruit [is a form] of the equitable remedy of restitution by which a plaintiff may recover the benefit conferred on a defendant in situations where no express contract has been entered into by the parties.' Burns v. Koellmer, 11 Conn. App. 375 , 385

1995The CT Page 430-N retention of that benefit, claims the plaintiff, is wrongful "and constitutes bad faith for the purpose of avoiding payment of the Plaintiff's just debt." The general oft-recited rule is that "[a]n `implied contract can only exist where there is no express one.' Collins v. Lewis, 111 Conn. 299 , 304 , 149 A. 668 (1930). `[Q]uantum meruit [is a form] of the equitable remedy of restitution by which a plaintiff may recover the benefit conferred on a defendant in situations where no express contract has been entered into by the parties.' Burns v. Koellmer, 11 Conn. App. 375 , 385

1995The CT Page 430-N retention of that benefit, claims the plaintiff, is wrongful "and constitutes bad faith for the purpose of avoiding payment of the Plaintiff's just debt." The general oft-recited rule is that "[a]n `implied contract can only exist where there is no express one.' Collins v. Lewis, 111 Conn. 299 , 304 , 149 A. 668 (1930). `[Q]uantum meruit [is a form] of the equitable remedy of restitution by which a plaintiff may recover the benefit conferred on a defendant in situations where no express contract has been entered into by the parties.' Burns v. Koellmer, 11 Conn. App. 375 , 385

1993The plaintiff based her claim on the following language which mandates that banks insured by the FDIC: "shall, as a condition of making, increasing, extending or renewing any loan secured by improved real estate . . . located or to be located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards, mail or deliver as soon as feasible but not less than 10 days in advance of closing of the transaction . . . a written notice to the borrower stating: (1) That the property securing the loan is or will be located in an area so ide

1989The plaintiff based its claim of fraudulent transfer on General Statutes § 52-552. 3 “A conveyance is fraudulent if it is made with actual intent to avoid any debt or duty or if made without any substantial consideration by a person who is or will be thereby rendered insolvent.” Molitor v. Molitor, 184 Conn. 530, 536 , 440 A.2d 215 (1981).

1989The plaintiff based its claim of fraudulent transfer on General Statutes § 52-552. 3 “A conveyance is fraudulent if it is made with actual intent to avoid any debt or duty or if made without any substantial consideration by a person who is or will be thereby rendered insolvent.” Molitor v. Molitor, 184 Conn. 530, 536 , 440 A.2d 215 (1981).

1978The record discloses that at the trial the plaintiff based his claim of inadequacy of compensation on the theory that there was a reasonable probability that the property would be rezoned from an R-20 zone to a design commercial zone and that because of that probability, under the rule enunciated in Budney v. Ives, 156 Conn. 83 , 239 A.2d 482 , the assessment of damages contained in the statement of compensation was inadequate.

1978The record discloses that at the trial the plaintiff based his claim of inadequacy of compensation on the theory that there was a reasonable probability that the property would be rezoned from an R-20 zone to a design commercial zone and that because of that probability, under the rule enunciated in Budney v. Ives, 156 Conn. 83 , 239 A.2d 482 , the assessment of damages contained in the statement of compensation was inadequate.

1930In conclusion, we are of opinion, in the light of the authorities cited, that the defendant city was acting within its lawful right in emptying the sewerage complained of into the waters of Hampton creek, and that any injury occasioned the private oyster bed of the plaintiff thereby was damnum absque injuria In Darling v. Newport News, 123 Va. 14 , 96 S. E. 307 , decided by the State Supreme Court of Appeals in 1918, the plaintiff based its claim for relief upon allegations of fact similar to those found in Hampton v. Watson, and the lower court sustained a demurrer to the bill because of opin

1930In conclusion, we are of opinion, in the light of the authorities cited, that the defendant city was acting within its lawful right in emptying the sewerage complained of into the waters of Hampton creek, and that any injury occasioned the private oyster bed of the plaintiff thereby was damnum absque injuria In Darling v. Newport News, 123 Va. 14 , 96 S. E. 307 , decided by the State Supreme Court of Appeals in 1918, the plaintiff based its claim for relief upon allegations of fact similar to those found in Hampton v. Watson, and the lower court sustained a demurrer to the bill because of opin