Fitch v. Waite
Supreme Court of Connecticut
This was a scire-facias in a process of foreign attachment, charging the defendant as the trustee and debtor of John Avery, an absent and absconding debtor of the plaintiff. The defendant pleaded, 1st, that he was not the trustee and debtor of Avery; and 2ndly, that Avery was not an absent and absconding debtor. On these issues the cause was tried, at Norwich, January term, 1823, before Brainard, J. In support of the first issue, the following facts were proved.
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This was a scire-facias in a process of foreign attachment, charging the defendant as the trustee and debtor of John Avery, an absent and absconding debtor of the plaintiff. The defendant pleaded, 1st, that he was not the trustee and debtor of Avery; and 2ndly, that Avery was not an absent and absconding debtor. On these issues the cause was tried, at Norwich, January term, 1823, before Brainard, J. In support of the first issue, the following facts were proved. On the 15th of January, 1819, Avery left with the defendant, as an attorney at law, for collection, two promissory notes; and on the…
1Opinion of the Court
Hosmer, Ch. J.
In this case, the judge charged the jury, that Avery was an absent and absconding debtor, and that the defendant was his agent, responsible to the plaintiff’s demand. To review this opinion, is the object of the present motion.
Who is an absent and absconding debtor ? He who lives without the state, or who has intentionally concealed himself from his creditors, or withdrawn himself from the reach of their suits, with intent to frustrate their just demands. Thus, if a person depart from his usual residency, or remain absent therefrom, or conceal himself in his house, so that he…
2Cases cited1 opinion
- Townsend v. AtwaterSupreme Court of Connecticut · 1812
3Cited by12 opinions
- Burchett v. RoncariSupreme Court of Connecticut · 1980
- Loewe v. Savings Bank of DanburyCourt of Appeals for the Second Circuit · 1916
- Hayes v. WeismanSupreme Court of Connecticut · 1922
- Haber v. NassittsSupreme Court of Florida · 1868
- Setchel v. KeigwinSupreme Court of Connecticut · 1889
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