Brooks v. Holland
Supreme Court of Connecticut
This was an action of indebitatus assumpsit, in three counts. In the first count, it was alleged, that on the 7th day of April, 1847, the defendant was indebted to the plaintiff in the sum of nine thousand, two hundred dollars, for so much money before that time lent and advanced to the defendant, by the plaintiff, at the special instance and request of the defendant.
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This was an action of indebitatus assumpsit, in three counts. In the first count, it was alleged, that on the 7th day of April, 1847, the defendant was indebted to the plaintiff in the sum of nine thousand, two hundred dollars, for so much money before that time lent and advanced to the defendant, by the plaintiff, at the special instance and request of the defendant. In the second count, it was alleged, that, at the same time, the defendant was indebted to the plaintiff in one other sum of nine thousand, two hundred dollars, for so much money before that time paid, laid out and expended, by…
1Opinion of the CourtStorrs, J.
All the counts of the declaration in this case, are in general indebitatus assumpsit; the two first being for money lent and advanced, and paid, laid out and expended, and the other for money had and received.
By the terms of the note offered in evidence by the plaintiff, on the trial, in support of this declaration, the principal sum mentioned in it had not become payable when this suit was commenced; but the interest thereon was made payable half-yearly from the date of the note, and the two first semiannual instalments had become due, and were unpaid. The principal of the note, not being,…
2Cited by5 opinions
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- Mowry v. ShumwaySupreme Court of Connecticut · 1877
- Kozienieski v. WhitcombConnecticut Superior Court · 1970
- James L. Haven & Co. v. Goodel, Haven & Co.Ohio Superior Court, Cincinnati · 1855
- Kozienieski v. WhitcombPennsylvania Court of Common Pleas · 1970