Bulkley v. Andrews
Supreme Court of Connecticut
Assumpsit, brought to the Superior Court in the county of Fairfield. The declaration contained originally a single count in general assumpsit for goods sold, money had and received, &c., the writ describing the plaintiff as executor of the will of one Elizabeth H. Godfrey, and declaring upon an indebtedness to the plaintiff as such executor, and a promise of the defendant to him as executor, and claiming damage to the amount of $800 to him as executor.
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Assumpsit, brought to the Superior Court in the county of Fairfield. The declaration contained originally a single count in general assumpsit for goods sold, money had and received, &c., the writ describing the plaintiff as executor of the will of one Elizabeth H. Godfrey, and declaring upon an indebtedness to the plaintiff as such executor, and a promise of the defendant to him as executor, and claiming damage to the amount of $800 to him as executor. A new trial having been granted in the case by this court at its January Term, 1872, in-this county, (ante, page 70,) on the ground that the…
1Opinion of the CourtFoster, J.
The questions arising on this motion in error, and also for a new trial, are more numerous than difficult.
The first count in the declaration is a count in general indebitatus assumpsit for money lent, money paid, money had and received, goods' sold, Ac., Ac. The first error assigned in the motion in error is, that the first three causes of action in this count are in favor of the plaintiff in his *534capacity and riglit as executor, and the last two causes of action in his own right. This, no doubt, would be a bad ■ count if the fact were so, but it is not. The plaintiff describes himself in the…
2Cases cited3 opinions
- Nash v. AdamsSupreme Court of Connecticut · 1855
- McAlister v. ClarkSupreme Court of Connecticut · 1866
- Merriam v. LangdonSupreme Court of Connecticut · 1835
3Cited by13 opinions
- Giglio v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1980
- West v. SmithSupreme Court of the United States · 1879
- Ziman v. WhitleySupreme Court of Connecticut · 1929
- Aaronson v. City of New HavenSupreme Court of Connecticut · 1920
- Johnston v. SikesConnecticut Superior Court · 1888
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