Remington v. Noble
Supreme Court of Connecticut
IN ERROR. James Noble brought his action of book debt against Giles Remington, before a justice of the peace. The defendant pleaded Nil debet; and that issue was found and judgment rendered for the defendant.
Read the full summary
IN ERROR. James Noble brought his action of book debt against Giles Remington, before a justice of the peace. The defendant pleaded Nil debet; and that issue was found and judgment rendered for the defendant. The plaintiff thereupon appealed to the county court of Hartford county, in which the cause was tried, on the same issue, March term, 1847. The plaintiff claimed, that the articles for which this suit was brought, were omitted, on a settlement, by mistake ; and he offered his books in evidence, and himself as a witness, to prove such mistake. The defendant denied (hat there was any…
1Opinion of the CourtStores, J.
It appears that, prior to the commencement of this suit, the parties made a settlement of their book accounts, in which the goods, for the price of which this action was brought, and which constituted a part of those account», were by mistake omitted to be reckoned; and hence the question arises, whether, assuming that there, is no other objection to a recovery for the price of them, in an action of book debt, such settlement does not interpose an insuperable objection to a recovery in that form of action.
We consider this question explicitly and decisively settled, in Punderson v. Shaiu,…
2Cited by10 opinions
- State v. HamlinSupreme Court of Connecticut · 1879
- State v. EllsworthOregon Supreme Court · 1896
- State v. YargusSupreme Court of Kansas · 1922
- Smith v. PeopleSupreme Court of Colorado · 1869
- State v. LindseyNevada Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.