Baldwin v. Carter
Supreme Court of Connecticut
This was a bill in chancery, brought by Harvey Baldwin, as administrator of Sarah Carter, deceased, against Abel C. Carter.
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This was a bill in chancery, brought by Harvey Baldwin, as administrator of Sarah Carter, deceased, against Abel C. Carter. The bill stated the following case : On the 25th of August 1838, said Sarah, being a feme sole, .the widow of Joseph - Woodruff, was the owner of personal estate, of the value of about 4000 dollars, consisting of household furniture of the value of 300 dollars, and sundry promissory notes against responsible persons, amounting to about 3700 dollars, when it was mutually agreed between her and Abel C. Carter, the defendant, in consideration of a marriage intended to be…
1Opinion of the Court
Williams, Ch. J.
Was the parol testimony admissible? If the evidence was offered to contradict or controul the bond, as seems to be supposed in the second objection, then we have no hesitation in saying it was not admissible. That principle is too well settled to need illustration or authority. But so far as it went to show the situation of the parties at the time, the object in view and the consideration, we are equally clear, that it was admissible.
In the case of Tyrrell v. Hope, 2 Atk. 558. 560. where, upon a marriage, settlement deeds were made out, by one of which an estate was conveyed…
2Cases cited2 opinions
- Nichols v. PalmerSupreme Court of Connecticut · 1811
- Dibble v. HuttonSupreme Court of Connecticut · 1804
3Cited by12 opinions
- Gordon v. EansSupreme Court of Missouri · 1888
- McCaull-Dinsmore Co. v. StevensMontana Supreme Court · 1921
- Townsend v. RadcliffeIllinois Supreme Court · 1867
- Underhill v. MorganSupreme Court of Connecticut · 1865
- Williams v. KingSupreme Court of Connecticut · 1875
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