Coit v. Tracy
Supreme Court of Connecticut
This was an action of assumpsit, brought by Elisha Coit, surviving partner of the late firm of E. & W. Coit, against Benjamin Coit and Elisha Tracy, commenced on the 8th of November, 1827. The defendant Coit made default of appearance. The defendant Tracy pleaded, 1st, non assumpsit; 2ndly, non assumpsit infra sex annas.
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This was an action of assumpsit, brought by Elisha Coit, surviving partner of the late firm of E. & W. Coit, against Benjamin Coit and Elisha Tracy, commenced on the 8th of November, 1827. The defendant Coit made default of appearance. The defendant Tracy pleaded, 1st, non assumpsit; 2ndly, non assumpsit infra sex annas. The cause was tried, on these issues, at Norwich, January adjourned term, 1830, before Peters, J. The plaintiff, in support of his action, gave in evidence the record and proceedings of the superior court, on a bill in chancery, brought by Tracy, against E. Coit and B. Coit,…
1Opinion of the CourtDaggett, J.
The motion states, as grounds for a new trial, the rejection of S. Thomas’s testimony; the opinion of the judge delivered to the jury, that so far as the facts in contro*276versy in this suit were found by the superior court on the bill in chancery, the finding was conclusive between the parties; and that the acknowledgment of B. Coit, in 1827, was good and sufficient evidence to take the case out of the statute of limitations.
1. Was the testimony of Simeon Thomas properly rejected 1 It is here to be observed, that the defendant Tracy, never denied, that the debt was contracted as set forth in…
2Cases cited7 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Peck v. BotsfordSupreme Court of Connecticut · 1828
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- Denison v. HydeSupreme Court of Connecticut · 1827
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