Grosvenor v. Farmers & Mechanics Bank
Supreme Court of Connecticut
This was a scire-f acias in a process of foreign attachment against The Farmers and Mechanics Bank, as the of E. M. Morgan Co., absent and absconding debtors.
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This was a scire-f acias in a process of foreign attachment against The Farmers and Mechanics Bank, as the of E. M. Morgan Co., absent and absconding debtors. The cause was tried at Hartford, January term, 1839, before Huntington, J. On the trial, the defendants, on being called for that purpose, by the plaintiff, disclosed as follows: That on the 5th of April, 1837, when the copy of the original writ"-was left in service with the defendants, E. M. Morgan if Co. were indebted to the defendants in the sum of 100,620 dollars, 43 cents ; that at the same time, the defendants held bank and…
1Opinion of the CourtHuntington, J.
The evidence offered by the plaintiff, was rejected on the authority of Fitch v. Waite, 5 Conn. Rep. 117. The just and reasonable doctrine established by that case, was considered applicable to the one now before the court. We there held, that an attorney, in whose hands promissory notes had been placed for collection, before he had received any money on them, or had become liable to pay over any part of the sums due on them, was not the debtor of the person depositing them, within the meaning of the act authorizing the collection of debts by foreign attachment. Until one of these events…
2Cases cited7 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Brush v. ScribnerSupreme Court of Connecticut · 1836
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Fitch v. WaiteSupreme Court of Connecticut · 1823
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3Cited by4 opinions
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Hoffman Chev. v. Wash. Co. Nat'l Sav.Court of Appeals of Maryland · 1983
- Tweedy v. BogartSupreme Court of Connecticut · 1888