Munson v. Detamble Motors Co.
Supreme Court of Connecticut
Action upon the so-called common counts to recover money alleged to have been paid, laid out and expended for the defendants without consideration, to which a special count was afterward added for damages for breach of contract, brought to and tried by the Superior Court in New Haven County, Gager, J., after default of appearance by the DeTamble Motors Company; facts found and judgment rendered for the plaintiff to recover of the defendant bank $1,302, and appeal by that…
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Action upon the so-called common counts to recover money alleged to have been paid, laid out and expended for the defendants without consideration, to which a special count was afterward added for damages for breach of contract, brought to and tried by the Superior Court in New Haven County, Gager, J., after default of appearance by the DeTamble Motors Company; facts found and judgment rendered for the plaintiff to recover of the defendant bank $1,302, and appeal by that defendant.
1Opinion of the CourtRoraback, J.
The plaintiff resides in New Haven, Connecticut. The defendants, the DeTamble Motors Company and the National Exchange Bank, are corporations, and each is located in Anderson in the State of Indiana. In April, 1912, the president of the bank was also the vice-president of the DeTamble Motors Company.
The original complaint contained the common counts. On the return-day the plaintiff filed a bill of particulars showing that his claim was for money paid, laid out, and expended for the defendants, and money had and received by the defendants, being $1,141.20 paid by the plaintiff on a certain…
2Cases cited3 opinions
- Combs v. HodgeSupreme Court of the United States · 1859
- American Thresherman v. Citizens Bank of AndersonWisconsin Supreme Court · 1913
- Hawkins v. Alfalfa Products Co.Court of Appeals of Kentucky · 1913
3Cited by3 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Williams v. National Fruit ExchangeSupreme Court of Connecticut · 1920
- Bishop & Co. v. Midland BankCourt of Appeals for the Ninth Circuit · 1936