Hinsdale v. Eells
Supreme Court of Connecticut
THIS was an action of indebitatus assumpsit, for money had and received, commenced July 20th, 1819. The declaration was as follows : “ That at the city of Middletown, on the 4th day of May, 1819, the defendant became justly indebted to the plaintiffs, in the sum of 250 dollars, before that time had and received, by the defendant, to the plaintiffs’ use; and being so indebted, in consideration thereof, afterwards, to wit, on the 20th day of July, 1819, at said city, promised…
Read the full summary
THIS was an action of indebitatus assumpsit, for money had and received, commenced July 20th, 1819. The declaration was as follows : “ That at the city of Middletown, on the 4th day of May, 1819, the defendant became justly indebted to the plaintiffs, in the sum of 250 dollars, before that time had and received, by the defendant, to the plaintiffs’ use; and being so indebted, in consideration thereof, afterwards, to wit, on the 20th day of July, 1819, at said city, promised the plaintiffs to pay them, on request, the aforesaid sum of 250 dollars : That the defendant, at said city, on the 10th…
1Opinion of the CourtPeters, J.
This declaration contains three counts, for three distinct sums of money received, by the defendant, at three different times, for the use of the plaintiffs, and raises therefrom three separate promises, at the date of the writ. In support of this declaration, the plaintiffs were permitted to give in evidence, an instrument in writing, signed by the defendant, in these words : “ Cash received of J. and D. Hins-dale, at various times, and which I am to pay them on request ;
May 4th, $250
June 10th, 150
“ “ 150
June 22nd, 101.68
651.68
Six hundred and fifty-one 58-100 dollars. July 20, 1819.
Samuel…
2Cases cited2 opinions
- Shelton v. DarlingSupreme Court of Connecticut · 1818
- Smith v. AllenSupreme Court of Connecticut · 1812