Clark v. Savage
Supreme Court of Connecticut
IN ERROR. This was an action of book debt, brought by Samuel G. Savage against Randolph Stockbridge and David Clark, late partners in business under the name of Randolph Stockbridge. The defendant, Stockbridge, died, during the pendency of the suit. The cause was committed to auditors, who, after hearing the parties, found due from the defendant to the plaintiff, the sum of 428 dollars, 90 cents.
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IN ERROR. This was an action of book debt, brought by Samuel G. Savage against Randolph Stockbridge and David Clark, late partners in business under the name of Randolph Stockbridge. The defendant, Stockbridge, died, during the pendency of the suit. The cause was committed to auditors, who, after hearing the parties, found due from the defendant to the plaintiff, the sum of 428 dollars, 90 cents. The defendant filed a remonstrance against the acceptance of this report; on which the court found the following facts. On the hearing of the cause before the auditors, the plaintiff offered in…
1Opinion of the CourtHinman, J.
The original action was book debt, and was referred to auditors. At the trial before them, the plaintiff introduced in evidence two promissory notes, signed by Randolph Stockbridge, who was one of the defendants when the action was commenced, but has since deceased. The present defendant was interested in his business as a dormant partner. The notes were given for money borrowed, by the concern; and it appeared, that the parties had had other dealings, and that a copy of the plaintiff’s account, including these two charges, with other items, admitted to be properly charged on book, was made…
2Cited by2 opinions
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