Cowles v. Coe
Supreme Court of Connecticut
This was a scire-facias in a process of foreign attachment. The original action was assumpsit, brought by Luman Cowles, against Francis A. Gale, an absent and absconding debtor, leaving a copy in service, on the 3d day of April, 1848, with Russell Coe, the present defendant, as the trustee and debtor of Gale.
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This was a scire-facias in a process of foreign attachment. The original action was assumpsit, brought by Luman Cowles, against Francis A. Gale, an absent and absconding debtor, leaving a copy in service, on the 3d day of April, 1848, with Russell Coe, the present defendant, as the trustee and debtor of Gale. The defendant pleaded the general issue, on which the cause was tried, at New-Haven, October term, 1850. On the trial, the plaintiff required the defendant to disclose on oath, whether, on the 3d day of April, 1848, when the copy of the original writ was left in service with him, he, the…
1Opinion of the CourtHinman, J.
The questions raised upon this motion relate to the rulings of the superior court in the admission of testimony. The issue depended upon whether the defendant, at the time the copy was left with him, as the garnishee of Gale, had goods liable to attachment concealed in his hands and belonging to Gale, or was indebted to him.
The defendant testified, that he had no such goods, and was not indebted. He admitted, that he had received goods to a greater amount than the sum claimed; but insisted, that they were rather purchased in satisfaction of debts due him, or, were received under a mortgage…
2Cited by10 opinions
- State v. TropianoSupreme Court of Connecticut · 1969
- State v. VessichioSupreme Court of Connecticut · 1985
- F. R. Patch Manufacturing Co. v. Protection Lodge No. 215Supreme Court of Vermont · 1905
- State v. ThompsonSupreme Court of Connecticut · 1897
- Friedman v. BrannerWashington Supreme Court · 1913
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