Nichols v. Alsop
Supreme Court of Connecticut
This was an action of indebitatus assumpsit. A concise statement of the declaration appears in 9 Conn. Rep. 358.. The defendant pleaded Non assumpsit, with notice that he should give the following special matter in evidence : That it was understood and agreed between Bull 6p Nichols and the defendant, that all the sums of money advanced, as stated in the declaration, were advanced by Bull &p Nichols, on account of moneys due from them to the defendant • and that after said…
Read the full summary
This was an action of indebitatus assumpsit. A concise statement of the declaration appears in 9 Conn. Rep. 358.. The defendant pleaded Non assumpsit, with notice that he should give the following special matter in evidence : That it was understood and agreed between Bull 6p Nichols and the defendant, that all the sums of money advanced, as stated in the declaration, were advanced by Bull &p Nichols, on account of moneys due from them to the defendant • and that after said sums of money were so advanced, Bull Sp Nichols still remained indebted to the defendant in a large balance ; and that it…
1Opinion of the CourtBissell, J.
Two questions have been raised upon this . j. , r * ■-, the one regarding the admissibility of the evidence 0ffere¿ an¿ admitted in the court below ; the other respecting the correctness of the charge.
1. The evidence offered and objected to, was a paper, purporting to be the account current of Bull Sp Nichols with the schooner Gipsey. The testimony was not objected to, on the ground that it was irrelevant; but on the ground that the paper was not properly authenticated, not being signed by Bull Sp Nichols. But it purported to be their account, and was in the hand-writing of one of the…
2Cases cited1 opinion
- Nichols v. AlsopSupreme Court of Connecticut · 1827
3Cited by4 opinions
- Flint v. ClarkSupreme Court of Connecticut · 1839
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Wilcox v. GreenSupreme Court of Connecticut · 1859
- Wilcox v. GreenSupreme Court of Connecticut · 1859