Sturges v. Bush
Supreme Court of Connecticut
MOTION for a new trial. This was an action of account, brought by Slums against Bush, as surviving partner of the late firm of Bush amt Norton.
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MOTION for a new trial. This was an action of account, brought by Slums against Bush, as surviving partner of the late firm of Bush amt Norton. II was alleged in the declaration, that from the !st of July, 1808, until on or about (he 27th of May, 1810, Norton & Bush. as merchants in company, were the bailiffs ami receivers of the plaintiff, and did, during that time, receive of him to account for, as their agent, divers monies, goods, challéis, bills of exchange, bank checks, &c. The property for which the plaintiff claimed an account, was alleged to have been sent by him to Norton & Bush,…
1Opinion of the CourtIngeesoll, J.
It is my opinion there ought to be a new trial, particularly, on the ground that the charge was incorrect, in stating, “ that the embargo laws could have no operation in the transaction.”
I take it to be the opinion of this court, (whatever my private opinion may be,) that it was not necessary for the plaintiff to make a demand of the defendant, to account, before lie commenced his action. I take it, also, to be the opinion, that if the defendant received any of the property mentioned in the declaration, to account for, the jury would he warranted in finding a general verdict, that the…
2Cited by7 opinions
- Smith v. David B. Crockett Co.Supreme Court of Connecticut · 1912
- Snyder v. WilleyMichigan Supreme Court · 1876
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Lacon v. DavenportSupreme Court of Connecticut · 1844
- Zuch v. Connecticut Bank & Trust Co.Connecticut Appellate Court · 1985
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