Freeman v. Benedict
Supreme Court of Connecticut
Assumpsit, for the price of a yoke of oxen sold by the plaintiff to the defendant; brought to the Court of Common Pleas for the county of Fairfield, and tried, on the general issue, closed to the court, before Brewster, J. The notice attached to the plea was as follows: “ The plaintiff will take notice that the defendant will claim, and offer evidence to prove, that after the cause of action in the declaration mentioned originated, the defendant heretofore, to wit, on the…
Read the full summary
Assumpsit, for the price of a yoke of oxen sold by the plaintiff to the defendant; brought to the Court of Common Pleas for the county of Fairfield, and tried, on the general issue, closed to the court, before Brewster, J. The notice attached to the plea was as follows: “ The plaintiff will take notice that the defendant will claim, and offer evidence to prove, that after the cause of action in the declaration mentioned originated, the defendant heretofore, to wit, on the 25th day of September, 1868, delivered to the plaintiff a certain promissory note, made by one Daniel M. Hall, of $170,…
1Opinion of the CourtSeymour, J.
The plaintiff declares on the common counts in assumpsit for the price of a yoke of oxen sold by him to the defendant. The Court of Common Pleas having rendered judgment for the plaintiff, the defendant moves for a new *561trial. The motion at great length sets out the claims of the parties and the evidence whereby these claims were supported. The question however resolves itself into one of law, arising upon facts found by the court below to be substantially as follows:—
The plaintiff sold to the defendant a yoke of oxen. About ten days after the sale he called on the defendant for payment. The…
2Cited by3 opinions
- Merrill v. KenyonSupreme Court of Connecticut · 1880
- Stevens v. WileyMassachusetts Supreme Judicial Court · 1896
- Elm City Lumber Co. v. MacKenzieSupreme Court of Connecticut · 1904