Dayton v. Merritt
Supreme Court of Connecticut
Covenant, brought by the- plaintiff, a constable, upon the following receipt for attached property signed by the defendants :— ■ “ Received, August 14th, 1861, of John Dayton, constable of Greenwich, the following described personal property, to wit, one grey horse and one carriage, all of the value of one hundred and fifty dollars, taken by him as the property of Joseph G. Merritt, of the town of Greenwich", by virtue of a writ of attachment in favor of George Jones, of the…
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Covenant, brought by the- plaintiff, a constable, upon the following receipt for attached property signed by the defendants :— ■ “ Received, August 14th, 1861, of John Dayton, constable of Greenwich, the following described personal property, to wit, one grey horse and one carriage, all of the value of one hundred and fifty dollars, taken by him as the property of Joseph G. Merritt, of the town of Greenwich", by virtue of a writ of attachment in favor of George Jones, of the city and state of New York, Enoch Bullard, of Brooklyn, New York, and Henry W. Barnes of said city of New York, a…
1Opinion of the CourtCarpenter, J.
Whether the receipt in question is to be treated as a speciality or a simple contract, the evidence offered by the defendants was admissible, and a new trial must be granted. In Fowler v. Bishop, 31 Conn., 560, it was held that an officer’s receipt, though absolute in terms, is nevertheless contingent by operation of law. This is so whether the receipt is under seal or otherwise. The plaintiff can maintain his action only because of his accountability to the attaching creditor, or the owner of the property attached. Clark v. Gaylord, 24 Conn., 484. If the circumstances are such that he is…
2Cases cited2 opinions
- Clark v. GaylordSupreme Court of Connecticut · 1856
- Fowler v. BishopSupreme Court of Connecticut · 1863
3Cited by6 opinions
- Pond v. CookeSupreme Court of Connecticut · 1877
- State v. RickettsConnecticut Appellate Court · 1995
- McNamara v. MatteiSupreme Court of Connecticut · 1901
- Polley v. HazardSupreme Court of Vermont · 1897
- Cooper v. Davis Mill Co.Nebraska Supreme Court · 1896
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