Sage v. Hawley
Supreme Court of Connecticut
This was an action of assumpsit. The declaration alleged, That on the 15th of June, 1836, the plaintiffs and defendant met together and adjusted a certain account, which was, at that time, open and unsettled between them ; that at the time of the settlement and adjustment of said account, the defendant was indebted to the plaintiffs in divers large sums of money, and among others, in the following sums, viz. in the sum of 350 dollars, for so much money paid to the defendant,…
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This was an action of assumpsit. The declaration alleged, That on the 15th of June, 1836, the plaintiffs and defendant met together and adjusted a certain account, which was, at that time, open and unsettled between them ; that at the time of the settlement and adjustment of said account, the defendant was indebted to the plaintiffs in divers large sums of money, and among others, in the following sums, viz. in the sum of 350 dollars, for so much money paid to the defendant, by Sage, Birge Co., at Hartford, on the 25th of September, 1834, at the request and in the behalf of the plaintiff’s,…
1Opinion of the CourtStorrs, J.
The first ground on which a new trial is asked in this case is, that the proof adduced by the plaintiffs did not support the declaration as to the item of eighty dollars therein mentioned, and that the jury should have been so instructed : and the particular in which it is claimed to have been defective, is, that it failed to prove the mistake as to that item to have been of the precise sum, and to have occurred at the precise time, alleged in the declaration. The validity of this claim depends on the question whether the statements in the declaration, of the particular time of the settlement…
2Cited by32 opinions
- Coombs v. DarlingSupreme Court of Connecticut · 1933
- Clegg v. BishopSupreme Court of Connecticut · 1927
- Camp v. RogersSupreme Court of Connecticut · 1877
- Cortes v. CottonConnecticut Appellate Court · 1993
- Banana Distributors, Inc. v. United Fruit Company and Fruit Dispatch CompanyCourt of Appeals for the Second Circuit · 1959
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