Lewis v. Scoville
Supreme Court of Connecticut
Action to recover the price of a set of books alleged to have been ordered by, and delivered to, the defendant, brought before a justice of the peace and thence, by appeal of the plaintiff, to the Court of Common Pleas in Litchfield County, and tried to the court, Woodruff, J.; the court rendered a judgment of non-suit, and from its refusal to set such judgment aside, the plaintiff appealed.
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Action to recover the price of a set of books alleged to have been ordered by, and delivered to, the defendant, brought before a justice of the peace and thence, by appeal of the plaintiff, to the Court of Common Pleas in Litchfield County, and tried to the court, Woodruff, J.; the court rendered a judgment of non-suit, and from its refusal to set such judgment aside, the plaintiff appealed. The defendant, under date of September 2d, 1914, signed a written order, the material part of which reads as follows: “Army and Navy Magazine, Washington, D. C. Gentlemen: — Please deliver to any common…
1Opinion of the CourtGager, J.
The court, in granting the motion for a nonsuit, based its action upon the ground that there was “no proof, proper evidence of the existence of the plaintiff, or the Army and Navy Magazine, or the party who took the contract.” The complaint set up a contract of the defendant with the 'Army and Navy Magazine acting by its agent, one Swift. The proof consisted of the contract with the Army and Navy Magazine, defendant’s check indorsed by.the Magazine, the letters of the defendant and of the defendant’s attorney to the Magazine, and defendant’s testimony as to the presentation of the contract to…
2Cases cited10 opinions
- Wells v. Hartford Manilla Co.Supreme Court of Connecticut · 1903
- Home Pattern Co. v. W. W. Mertz Co.Supreme Court of Connecticut · 1913
- Illustrated Postal Card & Novelty Co. v. HoltSupreme Court of Connecticut · 1912
- Pease v. PeaseSupreme Court of Connecticut · 1868
- Thresher v. Stonington Savings BankSupreme Court of Connecticut · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hinchliffe v. American Motors Corp.Supreme Court of Connecticut · 1981
- Don v. DonSupreme Court of Connecticut · 1955
- Liddell v. Middlesex Motor Co.Massachusetts Supreme Judicial Court · 1931
- McCoy v. RaucciSupreme Court of Connecticut · 1968
- Rosenfield v. CymbalaConnecticut Appellate Court · 1996
12 more not listed; retrieve them via the Exa API.