Duryee v. Hale
Supreme Court of Connecticut
Debt on judgment, with the common counts in debt; tried in the superior court on the general issue closed to the court. The following facts were found by the court. On the 16th day of January, 1858, the defendant Hale, was justly indebted to the plaintiff in the sum of $102 for goods bought.
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Debt on judgment, with the common counts in debt; tried in the superior court on the general issue closed to the court. The following facts were found by the court. On the 16th day of January, 1858, the defendant Hale, was justly indebted to the plaintiff in the sum of $102 for goods bought. On that day, in consideration of this indebtedness, he gave the plaintiff a note for that sum, signed “ A. R. Hale & Co.,” payable in three months, to the order of the makers, and by them indorsed. On the 11th of March, 1858, Osgood, the other defendant, formed a copartnership with Hale, under the name of…
1Opinion of the CourtDutton, J.
The plaintiff in this case brought an action of debt on judgment, to which were added money counts in debt. To prove the first count, he introduced the record of a judgment rendered in the state of New York, under a statute law of that state. The defendant Hale, a resident of this state, had no legal notice of the suit in which the judgment was rendered. The plaintiff introduced evidence of the indebtedness of Hale, but it showed an individual, and not a joint indebtedness. The case presents a question of much practical importance, as suitors in this state frequently have occasion to bring…
2Cases cited3 opinions
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Southmayd v. BackusSupreme Court of Connecticut · 1820
3Cited by3 opinions
- Hobbs v. HurleySupreme Judicial Court of Maine · 1918
- Bailey v. BussingSupreme Court of Connecticut · 1870
- Freedman v. Centre Shopping Plaza, Inc.Connecticut Superior Court · 1958