Barnum v. Barnum
Supreme Court of Connecticut
This was an action on a promissory note, made by the defendant, for 200 dollars, dated September 29th, 1828. The cause was first tried, in September, 1830 ; and a new trial having been granted, (8 Conn. Rep. 469 — 472.) it was tried again, at Danbury, September term, 1831, before Peters, J. The first ground of defence was. that the note was obtained by fraud.
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This was an action on a promissory note, made by the defendant, for 200 dollars, dated September 29th, 1828. The cause was first tried, in September, 1830 ; and a new trial having been granted, (8 Conn. Rep. 469 — 472.) it was tried again, at Danbury, September term, 1831, before Peters, J. The first ground of defence was. that the note was obtained by fraud. The defendant claimed, that the plaintiff, on the 29th of September, 1828, came to his, the defendant’s shop, and stated, that a ticket having thereon the combination numbers 12. 35. 43. had drawn a prize of 2000 dollars, in a lottery at…
1Opinion of the CourtDaggett, J.
The plaintiff asks a new trial, on the ground of several interlocutory opinions given by the judge, at the circuit, and on the ground of error in his charge.
The defence consisted of two parts ; first, false asseverations made by the plaintiff to induce the defendant to buy the ticket in question ; and if the defendant had failed to establish the fraud, then that the testimony proved that there was no consideration for the promise.
1. The testimony of Samuel Barnum of a conversation between him and the plaintiff, was objected to. This was offered by the defendant, for the double purpose of…
2Cases cited5 opinions
- Seymour v. HarveySupreme Court of Connecticut · 1830
- Bartsch v. AtwaterSupreme Court of Connecticut · 1815
- Society of Chaplin v. CanadaSupreme Court of Connecticut · 1830
- Herd v. BisselSupreme Court of Connecticut · 1791
- Palmer v. CorbinSupreme Court of Connecticut · 1791
3Cited by7 opinions
- Brown v. StateSupreme Court of Florida · 1893
- State v. RobeyNevada Supreme Court · 1873
- State v. MeleSupreme Court of Connecticut · 1953
- United States v. BoydenU.S. Circuit Court for the District of Massachusetts · 1868
- State v. BuzzellSupreme Court of New Hampshire · 1879
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