Handy v. Smith
Supreme Court of Connecticut
Action to recover the amount of a book account for groceries sold and delivered, brought by appeal from a judgment of a justice of the peace to the Court of Common Pleas in New Haven County and tried to the jury before Bishop, J.; verdict and judgment for the defendant, and appeal by the plaintiff.
1Opinion of the CourtTorrance, C. J.
This suit was brought to recover the balance claimed to be due upon a book account from the defendant to one Burkhardt. Burkhardt was adjudged a bankrupt on the 20th of March, 1902, and, by his trustees, this account was duly assigned to the plaintiffs. At the time Burkhardt went into bankruptcy his books showed the balance of said account to be $99.07. The defense was payment of this admitted balance by the delivery to Burkhardt, between February 26th and March 12th, 1902, of sundry articles of merchandise and $45 in cash. The plaintiffs denied the payment, and this ivas the only issue in…
2Cases cited3 opinions
- Plumb v. CurtisSupreme Court of Connecticut · 1895
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Neilson v. Hartford Street Railway Co.Supreme Court of Connecticut · 1896
3Cited by3 opinions
- Gaul v. BakerSupreme Court of Connecticut · 1928
- McPhelemy v. McPhelemySupreme Court of Connecticut · 1905
- Nauts v. Stahl, Admr.Ohio Supreme Court · 1934