Consociated Presbyterian Society v. Staples
Supreme Court of Connecticut
This was a bill of interpleader, brought by the Consociated Presbyterian Society ,of Green’s Farms, against Staples & Adams, William S. Edgerton, Elnathan Wheeler, Henry B. Lockwood, Charles W. Hall, Daniel Burr, Hezekiah Lockwood, John Goodsell, John S. Hyde, Talcott R. Wakeman, Henry R. Wakeman, and Joseph B. French, who was the assignee of Hawley & Wheeler, praying the court to determine the amount then due from the plaintiffs, on a contract made with said Hawley &…
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This was a bill of interpleader, brought by the Consociated Presbyterian Society ,of Green’s Farms, against Staples & Adams, William S. Edgerton, Elnathan Wheeler, Henry B. Lockwood, Charles W. Hall, Daniel Burr, Hezekiah Lockwood, John Goodsell, John S. Hyde, Talcott R. Wakeman, Henry R. Wakeman, and Joseph B. French, who was the assignee of Hawley & Wheeler, praying the court to determine the amount then due from the plaintiffs, on a contract made with said Hawley & Wheeler, for the erection of a meeting-house, and also to order the defendants, severally, to set forth what right they had to…
1Opinion of the CourtHinman, J.
The bill alleges that the plaintiffs contracted, in writing, with Hawley & Wheeler, to build for them a church edifice, to be completed on, or before, the 15th day of October, 1852, for which they were to pay the builders the sum of $4,750 in instalments, the last of which, being $1,250, was to be paid when the house was completed ; that Hawley & Wheeler went on to perform labor, and furnished materials, though not to the complete fulfilment of the contract ; that the plaintiffs paid all the instalments except the last, and Hawley & Wheeler claimed that they had performed extra work on said…
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