Palmer v. Woodward
Supreme Court of Connecticut
Assumpsit, brought by the plaintiff as trustee in insolvency of the estate of Isaac G. Ford, to recover the amount- of an indebtedness of the defendant to Ford at the time of-his assignment.
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Assumpsit, brought by the plaintiff as trustee in insolvency of the estate of Isaac G. Ford, to recover the amount- of an indebtedness of the defendant to Ford at the time of-his assignment. The defense was that the debt had been attached by process of foreign attachment, by one Prentice, and paid over by the defendant on the execution issued upon the .judgment obtained in the factorizing suit. - The factorizing process was- served on Woodward on the 1st day of January, 1857. It was returnable to the superior court at its session in New London county on the third Tuesday of January, 1857, and…
1Opinion of the CourtEllsworth, J.
We think there is no room for doubt, upon the facts, that the debt which the defendant owed Ford, which had been attached by Prentice on the first day of January, 1857, was duly demanded and paid on the execution, on the 5th day *206of-February thereafter. It was paid under legal coercion. ■ The circumstance that the money was handed to the officer having the-execution, by or through the agency of -Prentice, is -quite unimportant, and so is the fact that the defendant required' and received-indemnity from Prentiee before he paid'the money. It was his duty to pay it. He had no. choice on the'…
2Cited by1 opinion
- Nelson v. SanbornSupreme Court of New Hampshire · 1886