Cogswell v. CitiFinancial Mortg. Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that foreclosure may proceed based on a lost- note affidavit accompanied by copies of the original instruments
• describing O’Neil as a “special rule in breach-of-contract claims where the asserted damage is caused by an adverse outcome of a judicial proceeding”
• setting forth elements as: “(1) an offer and acceptance; (2) consideration; (3) definite and certain terms; (4) performance by the plaintiff of all required conditions; (5) breach; and (6) damages caused by the breach.”
• “‘Whether a contract exists, its terms, and the intent of the parties are questions of fact for the trier of fact.’”
• a lost note affidavit that has copies of the note and mortgage attached has been held to be sufficient to prove the debt
• “When the district court decides cross-motions for summary judgment ... we construe all facts and inferences therefrom in favor of the party against whom the motion under consideration is made”

Source: CourtListener parenthetical corpus (CC0).