Phelps v. Riley
Supreme Court of Connecticut
This was an action of assumpsit, brought by the executors of Dorcas Phelps, deceased, against the surviving partner of the firm of Riley & Luddington, on a promissory note. The declaration alleged, “ that the said Riley and Luddington, by a certain writing or note, under their hands, by them well executed, promised to pay the said Dorcas Phelps the sum of eighty-eight dollars.”
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This was an action of assumpsit, brought by the executors of Dorcas Phelps, deceased, against the surviving partner of the firm of Riley & Luddington, on a promissory note. The declaration alleged, “ that the said Riley and Luddington, by a certain writing or note, under their hands, by them well executed, promised to pay the said Dorcas Phelps the sum of eighty-eight dollars.” The cause was tried at Litchfield, August term, 1819, before Peters, J. The defendant pleaded non assumpsit, with notice that he should give usury in evidence. The plaintiffs, to maké out their case, offered in…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiffs aver, that Riley & Luddington, by a note under their hands, promised to pay a certain sum ; and when exhibited, the note appears to have been subscribed for Riley and Luddington, by Collins Baldwin, their attorney. Whether this constitutes a variance, is the first question made. .
In every.declaration founded on promise, it is necessary to shew the contract, and how the defendant became a party to it; as that he made, accepted, indorsed or delivered it. These allegations, however, are sufficient, although the defendant did not in fact do either of the acts himself,…
2Cases cited1 opinion
- Sigony v. RichardsConnecticut Superior Court · 1789
3Cited by8 opinions
- Cleveland & Pittsburgh Railroad v. KelleyOhio Supreme Court · 1855
- Linsley v. BrownSupreme Court of Connecticut · 1839
- Nelson v. . RhemSupreme Court of North Carolina · 1920
- Easton v. HydeSupreme Court of Minnesota · 1868
- Kirtland v. MoltonSupreme Court of Alabama · 1868
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