Drake v. Starks
Supreme Court of Connecticut
Assumpsit for money received by the defendant’s intestate to the use of the plaintiff; brought to the Superior Court for Litchfield County, and tried to the jury on the general issue before Sanford, J. The jury having returned a verdict for the plaintiff, the defendant moved for a new trial. The facts are fully stated in the opinion.
1Opinion of the CourtCarpenter, J.
This is an action of general assumpsit. The plaintiff claimed that in the year 1854, he, being in embarrassed circumstances, placed in the hands of Noah Drake, the defendant’s intestate, certain property to be by him sold, the avails of which were to be applied to the payment of the plaintiff’s debts, and the surplus was to be returned to him. The last of the property was sold in 1862 to one Worthy P. Bray, and a note secured by mortgage was taken for the purchase money. That note was payable in instalments, the last falling due April 1st, 1870. Payments were made from time to time, and the…
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