Denison v. Denison
Supreme Court of Connecticut
This was an action of assumpsit, in several counts, founded on the following writing signed by the defendant: “This certifies, that the undersigned agrees to pay the sum of fifty dollars to Amos E. Denison, [the plaintiff] in consideration of personal friendship, and with a view to facilitate the settlement of an unhappy difficulty now existing between the heirs of the late Amos Denison, deceased. Stonington, May 19th, 1836. Charles W. Denison.”
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This was an action of assumpsit, in several counts, founded on the following writing signed by the defendant: “This certifies, that the undersigned agrees to pay the sum of fifty dollars to Amos E. Denison, [the plaintiff] in consideration of personal friendship, and with a view to facilitate the settlement of an unhappy difficulty now existing between the heirs of the late Amos Denison, deceased. Stonington, May 19th, 1836. Charles W. Denison.” The sum demanded in the ad damnum clause, was more than seventy dollars. The cause was tried, at Norwich, March term, 1843, before Hinman, J. On the…
1Opinion of the CourtStorrs, J.
The only question now presented for our advice, and which arises on the motion in arrest of judgment, *37is, whether the superior court has jurisdiction of this cause. The action was brought to that court, by appeal from county court. The declaration contains several counts, in neither of which, as is apparent on their face, did the claim, when the cause was appealed, amount to seventy dollars, although the aggregate of the claims in the several counts exceeds that sum, and more than that sum is demanded in the ad damnum clause: so that the question is, whether by combining together several…
2Cited by14 opinions
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- Atlantic Refining Co. v. SchoenSupreme Court of Connecticut · 1934
- Davis v. Town of SeymourSupreme Court of Connecticut · 1890
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