Sears v. Terry
Supreme Court of Connecticut
Action of book debt tried upon an issue closed to the court. Upon the trial the defendant denied his liability for the debt, on the ground that at the time it was claimed to have been incurred, a conservator had charge of his person and property and he therefore had no power to make a contract.
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Action of book debt tried upon an issue closed to the court. Upon the trial the defendant denied his liability for the debt, on the ground that at the time it was claimed to have been incurred, a conservator had charge of his person and property and he therefore had no power to make a contract. To prove the appointment of the conservator he offered in evidence the record of the court of probate for the district of Plymouth, in Litchfield county, which was as follows : “ At a court of probate holden at Plymouth, within and for the district of Plymouth, on the 26th day of November, A. D. 1819.…
1Opinion of the CourtEllsworth, J.
The defendant insists that at the time the debt in question is claimed to have been contracted, he had not a legal capacity to contract, because, as he claims, he was under a conservator. To prove that he was so, he offered in evidence in the court below, the record of the court of probate for the district of Plymouth, the court which made the appointment, which showed that in form a conservator was appointed by that court on the 25th day of November, 1849. The plaintiff objected to this evidence unless the defendant proved, that at the time of the appointment, he was a resident of said town…
2Cases cited7 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
- Noyes v. ButlerNew York Supreme Court · 1849
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3Cited by35 opinions
- Carten v. CartenSupreme Court of Connecticut · 1966
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
- Woodmont Ass'n v. Town of MilfordSupreme Court of Connecticut · 1912
- Coit v. HavenSupreme Court of Connecticut · 1861
- Heiser v. Morgan Guaranty Trust Co.Supreme Court of Connecticut · 1963
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