Andrews v. Williams
Supreme Court of Connecticut
IN ERROR. This was an action brought by Jesse Williams, a constable, against Daniel Andrews, upon a receipt, stating, that the plaintiff had an execution in favour of Nathaniel Snell against Augustus Andrews, which he levied on “ one new two-horse wagon and two new harnesses,” the estate of the debtor, and posted them “ on the public sign-post in Winchester Old Society, so called, in the town of Winchester, that being the society in which said goods were taken, by virtue of…
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IN ERROR. This was an action brought by Jesse Williams, a constable, against Daniel Andrews, upon a receipt, stating, that the plaintiff had an execution in favour of Nathaniel Snell against Augustus Andrews, which he levied on “ one new two-horse wagon and two new harnesses,” the estate of the debtor, and posted them “ on the public sign-post in Winchester Old Society, so called, in the town of Winchester, that being the society in which said goods were taken, by virtue of said execution ;" that at the defendant’s request, the plaintiff delivered said wagon and harnesses to him, for safe…
1Opinion of the Court
Williams, Ch. J.
The receipt exhibited, it is said, is variant from that described in the declaration, because the promise alleged is to deliver the articles taken, at the sign-post in Winchester Old Society, and the receipt is to deliver them at the sign-post in Winchester Centre. The defendant in error says, that Winchester Old Society and Winchester Centre are one and the same place. If so, an allegation that they were to be delivered at Winchester Old Society, is satisfied, by proof that the promise was to deliver them at Winchester Centre ; just as if an allegation was made of a thing to…
2Cases cited2 opinions
- Doolittle v. BlakesleySupreme Court of Connecticut · 1810
- Wardell v. PinneyNew York Supreme Court · 1828
3Cited by1 opinion
- Gist v. GansSupreme Court of Arkansas · 1875