Chapman v. Loomis
Supreme Court of Connecticut
Debt on a judgment rendered by the Superior Court in Hartford county, in the year 1842; brought to the court of common pleas for the county of Hartford and tried to the jury, on the general issue, before Briscoe, J. The writ was served May 6th, 1868. The jury having rendered a verdict for the plaintiff the defendant moved for a new trial. The case is sufficiently stated in the opinion.
1Opinion of the CourtLoomis, J.
This is an action of debt, brought upon a judgment rendered in the Superior Court for Hartford County in 1842.
The lapse of time unexplained, since the rendition of the judgment, raised a presumption of payment, to control which the plaintiff in his testimony in chief offered evidence of facts and circumstances from which the jury might find that the debt was still unpaid. One important fact relied upon by the plaintiff was the insolvency of the defendant.
After the plaintiff had rested his case, the defendant testified as a witness in his own behalf, and confined his testimony strictly to the…
2Cases cited1 opinion
- State v. AlfordSupreme Court of Connecticut · 1862
3Cited by5 opinions
- Osburn v. StateIndiana Supreme Court · 1905
- City of Hartford v. Mechanics Savings BankSupreme Court of Connecticut · 1906
- O'Connor v. Town of WaterburySupreme Court of Connecticut · 1897
- State v. StevensSupreme Court of Connecticut · 1894
- Fanton v. MiddlebrookSupreme Court of Connecticut · 1882