Bradley v. Goodyear
Supreme Court of Connecticut
In the Court below, CTION of book debt. Plea, the general issue. Verdict for the plaintiff. A bill of exceptions was filed, by the defendants, stating, that the only matter in dispute between the parties was the following charge, in the plaintiff’s book : a 179% a Oct. 4. Joel Bradley, Dr. “ To cash, $ 100, sent by toy negro, “ to be indorsed on my note, L 30 O O” And the plaintiff and others were admitted, by the Court, as witnesses, to prove, that the sum of ⅜ 100 was sent…
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In the Court below, CTION of book debt. Plea, the general issue. Verdict for the plaintiff. A bill of exceptions was filed, by the defendants, stating, that the only matter in dispute between the parties was the following charge, in the plaintiff’s book : a 179% a Oct. 4. Joel Bradley, Dr. “ To cash, $ 100, sent by toy negro, “ to be indorsed on my note, L 30 O O” And the plaintiff and others were admitted, by the Court, as witnesses, to prove, that the sum of ⅜ 100 was sent as charged, that it was not applied, and that the note was afterwards taken up, without any indorsement, or mention…
1Opinion of the Court
This Court
are of opinion, that the Superior Court erred in admitting said testimony,
First, because the facts, proved by the witnesses, cannot support the action of book debt:
Secondly, because the plaintiff cannot, in any form of action, avail himself of his own testimony, to prove faets of this kind.
The action of book debt is peculiar to Connecticut. The allowing a party to support a claim, by his own testimony, is repugnant to general common law principles j and though the action was originally dictated by a supposed necessity, it ought not to be extended beyond the objects of its…
2Cited by6 opinions
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- Petit v. TealSupreme Court of Georgia · 1876
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- Terill v. BeecherSupreme Court of Connecticut · 1832
- Cram v. SpearOhio Supreme Court · 1838
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