Colgrove v. Rockwell
Supreme Court of Connecticut
This was an action of book-debt, in common form, brought by Rockwell against Colgrove. The cause was referred to an auditor, who, at the October term of the superior court for Hartford county, reported that he “found that the said Colgrove is justly indebted to the said Rockwell, upon the cause of action, set up in the plaintiff’s declaration, in the sum of twenty-five dollars and seventy-six cents.”
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This was an action of book-debt, in common form, brought by Rockwell against Colgrove. The cause was referred to an auditor, who, at the October term of the superior court for Hartford county, reported that he “found that the said Colgrove is justly indebted to the said Rockwell, upon the cause of action, set up in the plaintiff’s declaration, in the sum of twenty-five dollars and seventy-six cents.” Against the acceptance of this report, the defendant remonstrated, alleging as ground of remonstrance, that “said report was made under mistake, and misapprehension of the evidence in said cause,…
1Opinion of the CourtStorrs, J.
The only ground stated in the remonstrance in this case, for setting aside the report of the auditor, is, that he was mistaken, as to the weight of the evidence, in regard to the enquiry whether the beef, in question on the trial, was unsound when the plaintiff sold it to the defendant; and the question presented is, whether the doings of auditors can be revised on that ground. We regard this as a question that has been long since decisively settled. As early as 1787 the point was directly determined in Parker v. Avery, Kirby, 353, where, on a remonstrance to a report of auditors, on the…
2Cited by2 opinions
- State v. Suffield & Thompsonville Bridge Co.Supreme Court of Connecticut · 1909
- Sheppard v. Atwater Manufacturing Co.Supreme Court of Connecticut · 1876