Foster v. Smith
Supreme Court of Connecticut
Action to recover for goods sold; brought by appeal from a justice of the peace, to the Court of Common Pleas of Litchfield County and tried to the jury before Warner, J. Verdict for the defendant and appeal by the plaintiffs. The points of law decided by the court will be sufficiently understood without a statement of the facts.
1Opinion of the CourtCarpenter, J.
This is an action for goods sold; the defense is payment and the statute of limitations. The defendant had a verdict and the plaintiffs appealed. The reasons of appeal are, 1st, that the verdict was against the weight of evidence; 2d, that the charge was erroneous as to the statute of limitations.
As to the weight of evidence. The defendant testifies positively to the payment, giving time, place, and circumstances, and naming the person to whom paid. That person denies receiving it, having no recollection of it, and produces the books of the firm, showing no payment and that the cash account…
2Cases cited1 opinion
- De Forest v. HuntSupreme Court of Connecticut · 1830
3Cited by6 opinions
- Ziman v. WhitleySupreme Court of Connecticut · 1929
- Aaronson v. City of New HavenSupreme Court of Connecticut · 1920
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- Beauton v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1938
- Tillinghast v. LeppertSupreme Court of Connecticut · 1919
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