Coleman v. Walcott
Supreme Court of Connecticut
WRIT of error. This was an action on the case. The declaration stated, that on the 4th of September, 1795, the plaintiff and John Taylor entered into a contract in writing, with the defendant, of that date, which was (]ujy executed under hand and seal, and had become J lost by time and some unforeseen inevitable casualty, the counterpart whereof was then in the hands of the de-feudant, and of the tenor set forth.
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WRIT of error. This was an action on the case. The declaration stated, that on the 4th of September, 1795, the plaintiff and John Taylor entered into a contract in writing, with the defendant, of that date, which was (]ujy executed under hand and seal, and had become J lost by time and some unforeseen inevitable casualty, the counterpart whereof was then in the hands of the de-feudant, and of the tenor set forth. From the recited covenant it appeared, that the plaintiff and Taylor, on the one part, and the defendant, on the other, cove-nantec| that, whereas the defendant had discovered ’ that…
1Opinion of the Court
By the Court.
The questions arising in this case are, whether the plaintiff has shown any cause of action; and if he has, whether he has remedy at law.
It is alleged in the declaration, that the defendant, with an intent to defraud the plaintiff of certain^sums of money advanced on a covenant set forth in the declaration, obtained from Taylor., a joint covenantee with the plaintiff, a release, by which he, the defendant, was discharged from such covenant, knowing that Taylor was a bankrupt, ánd that such money was justly due to the plaintiff. The plaintiff stands on the same footing as the…
2Cited by6 opinions
- Mansfield v. MansfieldSupreme Court of Connecticut · 1827
- Judson v. BlanchardSupreme Court of Connecticut · 1821
- Colbourn v. RossiterSupreme Court of Connecticut · 1818
- Camp v. TompkinsSupreme Court of Connecticut · 1833
- Bulkley v. LandonSupreme Court of Connecticut · 1819
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