Sturges v. Beach
Supreme Court of Connecticut
THIS was a bill in chancery, stating, that Birdsey Norton, Esq. and John C. Bush were, from the first of July 1808 to the 27th of May 1810, and long afterwards, merchants in company, under the firm of Norton & Bush, and during that time, the plaintiff transacted business for them in the United States, and in foreign countries ; that in the course of such business, the plaintiff purchased for said Norton & Bush, and sent to them, diverse vessels, goods, wares and merchandize,…
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THIS was a bill in chancery, stating, that Birdsey Norton, Esq. and John C. Bush were, from the first of July 1808 to the 27th of May 1810, and long afterwards, merchants in company, under the firm of Norton & Bush, and during that time, the plaintiff transacted business for them in the United States, and in foreign countries ; that in the course of such business, the plaintiff purchased for said Norton & Bush, and sent to them, diverse vessels, goods, wares and merchandize, and remitted to them large sums in bills of exchange, bank checks, and cash, which were received and disposed of by…
1Opinion of the Court
Swift, Ch. J.
The judgment in the case of the plaintiff against Bush is proper evidence to prove the fact that a recovery was had against him ; but it is no proof of the existence of the debt so as to charge the executors of Norton, the deceased partner.
It is a well known principle, that judgments are binding only between parties and privies ; privies in blood, as heirs ; and privies in law, as executors and administrators ; and that no man is to be concluded by a judgment when he was not a party, or privy, and had no opportunity to be heard. In the present case, there is no privity between…
2Cited by6 opinions
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- Bill v. PorterSupreme Court of Connecticut · 1831
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- McLelland v. RidgewaySupreme Court of Alabama · 1847
- Barker v. President of Hartford BankSupreme Court of Connecticut · 1833
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