Legal Opinion

Monroe National Bank v. Catlin

Supreme Court of Connecticut

Decided June 8, 1909PublishedCited by 14 opinions

Action to recover money claimed to have been paid by mistake, brought to and tried by the Superior Court in Hartford County, Shumway, Jfacts found and judgment rendered for the defendant, and appeal by the plaintiff. The defendant, a dealer in cotton in Hartford, bought of one Bandy, a cotton broker in Monroe, Louisiana, some cotton.

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Action to recover money claimed to have been paid by mistake, brought to and tried by the Superior Court in Hartford County, Shumway, Jfacts found and judgment rendered for the defendant, and appeal by the plaintiff. The defendant, a dealer in cotton in Hartford, bought of one Bandy, a cotton broker in Monroe, Louisiana, some cotton. Bandy drew two drafts on the defendant for the purchase money, attached thereto forged bills of lading, and delivered the drafts, with the bills of lading so attached, to the plaintiff, with whom he banked, for collection. No cotton was shipped. In due course…

1Opinion of the CourtPrentice, J.

This appeal contains no assignment of error specifically made, as the statute requires. It therefore properly presents no matter for our determination. General Statutes, § 802. We, however, have the power to waive the defect, and, under the circumstances of the case, we have deemed it best to decide the question, which, as the defendant fully understood, the plaintiff desired to present to our consideration, and which both parties have exhaustively argued.

This question is the general one of the right of the plaintiff, under the circumstances disclosed by the finding, to recover back from the…

2Cases cited4 opinions

  1. Northrop's executors v. GravesSupreme Court of Connecticut · 1849
  2. Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
  3. Mansfield v. LynchSupreme Court of Connecticut · 1890
  4. Morris v. City of New HavenSupreme Court of Connecticut · 1906

3Cited by14 opinions

  1. McWilliams v. American Fidelity Co.Supreme Court of Connecticut · 1954
  2. Boardman v. BurlingameSupreme Court of Connecticut · 1938
  3. Hayden v. R. Wallace & Sons Manufacturing Co.Supreme Court of Connecticut · 1923
  4. Kavanewsky v. Zoning Board of AppealsSupreme Court of Connecticut · 1971
  5. Texas Co. v. Crown Petroleum Corp.Supreme Court of Connecticut · 1950

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