Tousey v. Preston
Supreme Court of Connecticut
THIS was an action of assumpsit. The declaration stated, That two suits had been brought before the county ccourt in Fairfield county, in one of which Shadrach Osborn, Garwood H. Cunningham and the present defendant were plaintiffs, and David Baldwin, Samuel Beers and others were defendants, and in the other David Tallman was plaintiff, and Solomon Glover, Daniel Ferry and others were defendants ; alleging a combination in the defendants in those suits to defraud the…
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THIS was an action of assumpsit. The declaration stated, That two suits had been brought before the county ccourt in Fairfield county, in one of which Shadrach Osborn, Garwood H. Cunningham and the present defendant were plaintiffs, and David Baldwin, Samuel Beers and others were defendants, and in the other David Tallman was plaintiff, and Solomon Glover, Daniel Ferry and others were defendants ; alleging a combination in the defendants in those suits to defraud the plaintiffs in the pretended sale of certain lands lying on the waters of Tennessee river, by means of which combination, and…
1Opinion of the CourtBrainard, J.
The action is a special assumpsit for money had and received by the defendant for the plaintiff’s use.
The first objection stated in the motion is, that the court admitted in evidence a certain writing therein recited. The objection to the admission of this writing is, that it does not conduce to prove the facts stated in the declaration. It is further objected, that if admitted, it proves, as it respects this action, too much ; that if it proves any thing, it proves that this action cannot be sustained ; that if any action will lie, it must be account, or an action founded on this particular…
2Cited by6 opinions
- Kane v. KaneSupreme Court of Connecticut · 1935
- Davis v. SmithSupreme Judicial Court of Maine · 1887
- Rathbone v. StockingNew York Supreme Court · 1848
- Pipes v. NortonMississippi Supreme Court · 1872
- Canfield v. MerrickSupreme Court of Connecticut · 1836
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