Beach v. Norton
Supreme Court of Connecticut
IN ERROR. IN ERROR. These were actions on a promissory note of the following tenor: "For value received, I promise to pay Mrs. Hannah Beach, or order, five hundred and fifty-six dollars, on demand, and with interest. Goshen, May 14th, 1823. Frederick A. Norton, an executor on the estate of Birdsey Norton, deceased.” The declaration, in one suit, contained two counts.
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IN ERROR. IN ERROR. These were actions on a promissory note of the following tenor: "For value received, I promise to pay Mrs. Hannah Beach, or order, five hundred and fifty-six dollars, on demand, and with interest. Goshen, May 14th, 1823. Frederick A. Norton, an executor on the estate of Birdsey Norton, deceased.” The declaration, in one suit, contained two counts. The first count declared upon the note, describing it particularly, and averred, that said Hannah was then the wife of the plaintiff, and so continued until her death, in January, 1827. The second count declared upon it as a note…
1Opinion of the CourtWilliams, J.
The defendant claims, that the plaintiff has commenced and is prosecuting two suits against him, where one would have effected the legitimate object; and that the legal inference is, that they are vexatious.
It certainly is a principle not to be departed from, that a person having a bona fide claim must not use his legal rights in such a manner as to oppress the defendant. And though he may sometimes enforce them harshly or vindictively, the court will not permit a violation of established principles to aid him in this purpose. In criminal prosecutions, it is a maxim, that aman shall not be…
2Cases cited2 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Hart v. GrangerSupreme Court of Connecticut · 1814
3Cited by12 opinions
- Krider v. LaffertySupreme Court of Pennsylvania · 1836
- Whittlesey v. McMahonSupreme Court of Connecticut · 1834
- Tracy v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Robbins v. ConleyMissouri Court of Appeals · 1892
- Dengler v. HaysSupreme Court of New Jersey · 1899
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