Legal Opinion

Gates v. Brattle

Connecticut Superior Court

Decided March 15, 1790PublishedCited by 2 opinions

Weit or EeeoR, complaining of a judgment of the County Court, in an action upon a bond, for £700, dated 5th of June, A. D. 1758, payable to William Brattle, by the 25th of December after, with interest, and executed by said Gates and one Thomas Gustin, brought by Thomas Brattle administrator of said William v. Gates; writ dated 5th November, A. D. 1785. Plea in bar — That by a statute of this state, entitled an act for the limitation of prosecution in divers cases, etc. it…

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Weit or EeeoR, complaining of a judgment of the County Court, in an action upon a bond, for £700, dated 5th of June, A. D. 1758, payable to William Brattle, by the 25th of December after, with interest, and executed by said Gates and one Thomas Gustin, brought by Thomas Brattle administrator of said William v. Gates; writ dated 5th November, A. D. 1785. Plea in bar — That by a statute of this state, entitled an act for the limitation of prosecution in divers cases, etc. it is enacted that no suit, process, or action shall be brought on any bond, bill, or note, under hand, given for the…

1Opinion of the Court

By this Court.

There is nothing erroneous in the judgment.

The reasons which seemed to prevail with the court in the decision of the cause, were those which Law and Dyee., JJ., offered for dissenting from the opinion of the court in the cause of Brattle v. Gustin, reported in Kirby; and the judgment of the Supreme Court of Errors reversing the judgment of the Superior Court in that cause.

Although I excused myself from judging in this cause, on account of my having been of counsel for Gustin in the Supreme Court of Errors; yet I would make some observations upon the law which governs this case.

*189Th…

2Cited by2 opinions

  1. Brown v. CritchellIndiana Supreme Court · 1886
  2. Lord v. ShalerSupreme Court of Connecticut · 1819

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