Case v. Humphrey
Supreme Court of Connecticut
This was an action on the case, for a false return of a writ of attachment against the plaintiff. The declaration stated, That on the 16th of September, 1323, a writ of attachment was issued, in favour of Benjamin Weed, against the plaintiff, on a promissory note ; that it was directed to the defendant, as an indifferent person, by Benjamin Weed, jun. a justice of the peace, who signed the writ; that it was delivered to the defendant to execute ; that the plaintiff had a…
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This was an action on the case, for a false return of a writ of attachment against the plaintiff. The declaration stated, That on the 16th of September, 1323, a writ of attachment was issued, in favour of Benjamin Weed, against the plaintiff, on a promissory note ; that it was directed to the defendant, as an indifferent person, by Benjamin Weed, jun. a justice of the peace, who signed the writ; that it was delivered to the defendant to execute ; that the plaintiff had a good defence to the action, of which he had neither notice nor knowledge ; but that the defendant fraudulently indorsed…
1Opinion of the Court
Hosmer, Ch. J.
The question first occurring, is, whether the plaintiff's declaration avers, that the writ was legally directed to the defendant, and that a lawful judgment was rendered thereon.
It is a maxim in pleading, if the words are equivocal, that they shall be construed most strongly against the party using them. Co. Litt. 303. b. 1 Wms. Sound. 259. n. 8. Dovaston v. Payne, 2 H. Black. 530. This, however, is not an isolated rule, but must be construed in harmony with other well settled principles. It means no more than this; that when the intendment of words cannot be ascertained, by the…
2Cases cited4 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Stanton v. ButtonSupreme Court of Connecticut · 1818
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Eno v. FrisbieSupreme Court of Connecticut · 1811
3Cited by13 opinions
- Village Creek Homeowners Assn. v. Public Utilities CommissionSupreme Court of Connecticut · 1961
- Huntley v. HenrySupreme Court of Vermont · 1864
- Starr v. ScottSupreme Court of Connecticut · 1831
- Town of Hamden v. CollinsSupreme Court of Connecticut · 1912
- Parsons v. LymanU.S. Circuit Court for the District of Connecticut · 1863
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