Rapelye v. Bailey
Supreme Court of Connecticut
THIS was an action of assumpsit, containing seven counts. The first count, was as follows : “ That the defendant, on the 9th of September, 1817, in consideration that the plaintiffs would, at the special instance and request of the defendant, sell and deliver to one Roswell Bailey, goods in the city of New-York, to an amount not exceeding 500 dollars, promised the plaintiffs in writing, that he the defendant would be answerable for the money, that is, the price to be paid…
Read the full summary
THIS was an action of assumpsit, containing seven counts. The first count, was as follows : “ That the defendant, on the 9th of September, 1817, in consideration that the plaintiffs would, at the special instance and request of the defendant, sell and deliver to one Roswell Bailey, goods in the city of New-York, to an amount not exceeding 500 dollars, promised the plaintiffs in writing, that he the defendant would be answerable for the money, that is, the price to be paid for the. same, being forth-coming at the proper time of payment; and the plaintiffs confiding in the said promise of the…
1Opinion of the CourtPeters, J.
The declaration contains seven counts. The object of the pleader in ringing so many changes on a plain, concise written contract, is not apparent. I mention this circumstance merely to express the regret I feel, when called to witness a departure from the simplicity of our ancient practice, so much better calculated to administer speedy and substantial justice, than the labyrinths of British models, which are as useless to us as the titles, the robes and the wigs of their reverend Judges.
To support this declaration, the plaintiffs gave in evidence a letter from the defendant in these words :…
2Cases cited3 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Shelton v. DarlingSupreme Court of Connecticut · 1818
- Thompson v. JamesonSupreme Court of the United States · 1803
3Cited by6 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Craft v. IshamSupreme Court of Connecticut · 1838
- Asmussen v. Post Printing & Publishing Co.Colorado Court of Appeals · 1914
- Norton v. EastmanSupreme Judicial Court of Maine · 1827
- Asmussen v. Post Printing & Publishing Co.Colorado Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.