Magill v. Lyman
Supreme Court of Connecticut
At the term of the city court of the city of Middletown, in December, 1821, Henry Lyman recovered judgment, by default, on a promissory note, against Arthur W. Magill, for the sum of 77 dollars, 18 cents.
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At the term of the city court of the city of Middletown, in December, 1821, Henry Lyman recovered judgment, by default, on a promissory note, against Arthur W. Magill, for the sum of 77 dollars, 18 cents. At the term of the same court in April, 1822, Magill brought a petition, stating, that Lyman was previously indebted to him in a greater sum; that at the commencement of said action, and at the time when said judgment was recovered, Lyman was insolvent, and so continued to be; and that he had, on the 19th of August, 1821, made a general assignment of his property, including said note, to…
1Opinion of the CourtPeters, J.
1. It has been so frequently, and so recently, decided by this Court, that the granting or refusing of a new trial, is entirely a matter of discretion, and is not the subject of error, that it cannot now be questioned. White v. Trinity Church, 5 Conn. Rep. 187.
2. Justin Lyman and Thomas Hubbard were properly made parties. They were the owners of the note, but necessarily procured the judgment in the name of the promisee, whose interest was merely nominal. Had he assigned this note only, without indorsement, and petitioned for the benefit of the insolvent law, the assignee must have been made…
2Cases cited7 opinions
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- Hinman v. TaylorSupreme Court of Connecticut · 1817
- White v. Trinity ChurchSupreme Court of Connecticut · 1823
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