Peck v. Abbe
Supreme Court of Connecticut
This was an action of book debt for goods sold and delivered, against Alanson Abbe and Anson Wildman. Abbe only appeared, and pleaded the general issue.
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This was an action of book debt for goods sold and delivered, against Alanson Abbe and Anson Wildman. Abbe only appeared, and pleaded the general issue. The cause was tried at Litchfield, August term, 1835, before Waite, J. Wildman went into business, as an apothecary and druggist, in the village of Litchfield, in December, 1833 ; and the plaintiffs afterwards sold to him the goods charged in their account, which went into his shop, and became part of the stock of goods with which he carried on business. The goods were charged on the plaintiffs’ books to Wildman alone. At the trial, they…
1Opinion of the Court
Williams, Ch. J.
The plaintiffs, having proved the delivery of the goods to one of the defendants, attempt to charge the other, Abbe, by connecting him, as a partner, with Wild-man, by his conduct and by his writings. The defendant Abbe, on his part, proposes, by his own testimony, to explain these acts, and show, that there is no such writing in existence, *210or that it was never delivered. The plaintiffs say, this cannot be done; that the parties are not unlimited witnesses; that these are enquiries collateral to the book ; and that the parties, therefore, cannot testify regarding them. They…
2Cases cited3 opinions
- Bryan v. JacksonSupreme Court of Connecticut · 1822
- Knapp v. HanfordSupreme Court of Connecticut · 1828
- Rossiter v. DownsSupreme Court of Connecticut · 1822
3Cited by7 opinions
- Carpenter v. ThompsonSupreme Court of Connecticut · 1895
- Smith v. Caro & BaumOregon Supreme Court · 1881
- Edsall v. Rockland Paper Co.Superior Court of Delaware · 1937
- Ribas v. Revere Rubber CompanySupreme Court of Rhode Island · 1914
- County of Harlan v. WhitneyNebraska Supreme Court · 1902
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