Smith v. Brush
Supreme Court of Connecticut
This was an action of account, brought by the plaintiff’, as administrator of Samuel Peck, deceased, against the defendant, as bailiff and receiver of said PecA from the 1st of April, 1827, to the 10th of March, 1829 ; alleging, that, during that period, said Peck occupied a farm of land in North-Castle, in the state of New-York, under a lease from the defendant, on certain terms, and that the defendant furnished less than his share of the seeds and received more than his…
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This was an action of account, brought by the plaintiff’, as administrator of Samuel Peck, deceased, against the defendant, as bailiff and receiver of said PecA from the 1st of April, 1827, to the 10th of March, 1829 ; alleging, that, during that period, said Peck occupied a farm of land in North-Castle, in the state of New-York, under a lease from the defendant, on certain terms, and that the defendant furnished less than his share of the seeds and received more than his share of the produce. The suit was commenced in April, 1831. The defendant pleaded in bar, that said Samuel Peck, during…
1Opinion of the CourtWilliams, J.
This is an action of account, by an administrator of a person who resided in the state of New-York, who himself resides there, and derives his authority from the laws of New- York, against the defendant, as bailiff and receiver ; to which the defendant pleaded a settlement of the account, made since the suit in the surrogate’s office in that state, and by his authority; which, the defendant claims, forms a bar to this suit.
It is not pretended by these pleadings, that this plaintiff has done any thing, by which he has voluntarily settled and adjusted the claims ; but that the proceedings in…
2Cases cited1 opinion
- Seymour v. SeymourNew York Court of Chancery · 1820
3Cited by4 opinions
- State ex inf. Crow v. Armour Packing Co.Supreme Court of Missouri · 1903
- Callahan v. BoazmanSupreme Court of Alabama · 1852
- Smith v. BrushSupreme Court of Connecticut · 1836
- Ford Bros. v. Frederick M. Ward Co.Supreme Court of Connecticut · 1928