Beach v. Swift
Supreme Court of Connecticut
THIS was a scire-facias against the defendant, as the factor, agent, &c. of one Titus Hall Beach, an absent and absconding debtor. The defendant was served with a copy of the writ in the original suit, on the 23d of October 1815. In that suit the plaintiff recovered judgment; and a demand was duly made of the defendant, on the execution, on the 18th of May 1816. The defendant pleaded, that he was not factor, agent, &c.; on which issue was joined.
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THIS was a scire-facias against the defendant, as the factor, agent, &c. of one Titus Hall Beach, an absent and absconding debtor. The defendant was served with a copy of the writ in the original suit, on the 23d of October 1815. In that suit the plaintiff recovered judgment; and a demand was duly made of the defendant, on the execution, on the 18th of May 1816. The defendant pleaded, that he was not factor, agent, &c.; on which issue was joined. The cause was tried at New-IIaven, August term, 1817, before Edmond, Smith and Baldwin, Js. On the trial, the plaintiff Maimed, that the defendant,…
1Opinion of the Court
Swift, Ch. J.
The writing executed by Titus Hall Beach to Benjamin Beach, to which the defendant objected, conduced to prove, that the notes in question were the property of Titus Hall Beach ; and as this was the point in dispute, it was admissible evidence: for though not executed by any party to the record, yet it was executed by the absconding debtor, who, in a suit against the garnishee, stands on the footing of a party, in respect to the estate sought to be recovered.
It was insisted by the defendant, that Ellen Beach, the wife of the absconding debtor, was a competent witness. But her…
2Cited by4 opinions
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