Noyes v. New Haven, New London & Stonington Railroad
Supreme Court of Connecticut
Assumpsit, brought by the plaintiffs, partners under the name of Noyes & Eddy, to recover an amount claimed to be due them under a contract for the construction of a portion of the road of the defendants.
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Assumpsit, brought by the plaintiffs, partners under the name of Noyes & Eddy, to recover an amount claimed to be due them under a contract for the construction of a portion of the road of the defendants. The defendants were ■ defaulted and the case heard in damages before Pwk, J. On the hearing it was found by the court that the defendants, on the 31st day of December, 1857, were indebted to the plaintiffs on the contract in the sum of $18,808.38, and that of that amount the sum of $17,595.93 was on that day paid by the defendants to and received by the partner Eddy, on behalf of the…
1Opinion of the CourtEllsworth, J.
We are all satisfied that the defendants are entitled to a new trial.
We can entertain no doubt with regard to the legal character and effect of the payment of the $17,595.93 by the defendants to Eddy, one of the partners, and one of the plaintiffs in this *12action. It must, in our judgment, put an end to the right of the plaintiffs to recover that sum again in this suit.
The superior court found, that this sum was paid to Eddy and received by him in satisfaction of the debt now in suit, though something less than the amount actually due; and the judge properly held that Eddy had a right to…
2Cases cited1 opinion
- Leavitt v. PeckSupreme Court of Connecticut · 1819
3Cited by4 opinions
- Freedman v. Montague Associates, Inc.New York Supreme Court · 1959
- Beatson v. HarrisSupreme Court of New Hampshire · 1880
- Harri v. Farmers' Co-operative Co.Montana Supreme Court · 1923
- Dodson v. WebbSouth Dakota Supreme Court · 1951