Smith v. Richards
Supreme Court of Connecticut
Assumpsit upon the following note:— “Wethersfield, Conn., April 23,1855. After eight months, with interest, we jointly and severally promise to pay Edward P. Smith or order four hundred dollars. Ajioh Richards, Oliver Richards.”
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Assumpsit upon the following note:— “Wethersfield, Conn., April 23,1855. After eight months, with interest, we jointly and severally promise to pay Edward P. Smith or order four hundred dollars. Ajioh Richards, Oliver Richards.” The declaration in one count alleged the note to have been given for a valuable consideration, and in another “ as a part payment of the amount agreed to be paid by way of compromise for the withdrawal of certain suits and for the discharge of damages claimed therein, then pending in the United States Circuit Court for the District of Connecticut, in which the said…
1Opinion of the CourtEllsworth, J.
If this cause had gone to the jury on the general issue, as we think it should have done, instead of being involved in special pleadings, much of the argument here, if not of the controversy below, would have become un*237necessary, and the danger of a mistrial would have been very much diminished. Perhaps, however, justice has been done. At all events we must take the record as we find it, and if there is error must correct it, and send the case back for another trial.
The action is on a note of hand, given by the defendants in consideration of a certain compromise effected by the plaintiff in…
2Cited by16 opinions
- Christensen v. Royal School Dist. No. 160Washington Supreme Court · 2005
- Warner v. WarnerSupreme Court of Connecticut · 1938
- Colburn v. GrotonSupreme Court of New Hampshire · 1889
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- In re Estate ColtonSupreme Court of Iowa · 1906
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