Hawley v. Sage
Supreme Court of Connecticut
This was an action of indebitatus assumpsit for money had and received to the plaintiff’s use. The cause was tried at Litchfield, February term, 1842, before Storrs, J. The plaintiff’s claim was for 666 dollars, 60 cents.
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This was an action of indebitatus assumpsit for money had and received to the plaintiff’s use. The cause was tried at Litchfield, February term, 1842, before Storrs, J. The plaintiff’s claim was for 666 dollars, 60 cents. In support of this claim, he offered in evidence a draft by the Bank of Charleston, S. C., on the Union Bank, N. Y., in favour of the plaintiff, bearing date the 25th of May, 1837, for the sum of 1000 dollars, payable at" sight; two thirds of which, the plaintiff claimed to have proved belonged to him, and the other third, he admitted, was the property of the . defendant and…
1Opinion of the CourtHinman, J.
It is objected to the charge of the judge at the circuit, that he omitted to instruct the jury, that a special demand or request of the sum claimed to be due from the defendant, in this case, was a necessary prerequisite to the plaintiff’s right of recovery; and that, on the contrary, he instructed them, that no such request or demand was necessary ; but if they should find the other facts as claimed by the plaintiff, except said request or demand, they ought to find for the plaintiff
On examining the motion, we find, that the case, as claimed by the plaintiff, and which the jury must have…
2Cited by4 opinions
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