Jones v. Warner
Supreme Court of Connecticut
This was an action of trover for 40 tons of Lackawanna coal. The cause was tried at an adjourned term of the superior court, at Haddam, in November, 1834, before Churchy J. On the 16th of October, 1832, the defendant, as constable, attached and took the coals mentioned in the declaration, at the suit of the East-Haddam Bank, against H. & S. Lee.
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This was an action of trover for 40 tons of Lackawanna coal. The cause was tried at an adjourned term of the superior court, at Haddam, in November, 1834, before Churchy J. On the 16th of October, 1832, the defendant, as constable, attached and took the coals mentioned in the declaration, at the suit of the East-Haddam Bank, against H. & S. Lee. At this time, the coals were the property of the plaintiff, unless they had been by him transferred to H. & S. Lee, who failed a short time before the attachment. When the coals were attached, they were on board a sloop, lying in Connecticut river, at…
1Opinion of the CourtBissell, J.
The only question presented by the motion, is, whether the evidence, offered in the court below, was properly rejected.
The evidence was objected to, on two grounds: 1. that Wilde, the clerk, had no authority to make the contract offered to be proved ; and 2. that the evidence went to contradict the bill of lading.
We are of opinion that, on both grounds, the objection to the testimony was well taken.
1. Had Wilde any authority to make the contract offered to be proved, by Punderson s deposition ?
The case finds, that Wilde was the clerk of the plaintiff. *47It also finds, that the usual course of…
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