Northrop's executors v. Graves
Supreme Court of Connecticut
This was an action of indebitatus assumpsit for money had and received ; tried, on the general issue, at Danbury, October term, 1848. The plaintiffs are the executors of the last will of David Northrop, late of Sherman, deceased. He died in April, 1832 ; and his will was duly proved and approved. Sally Graves is the wife of the defendant, and is still living.
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This was an action of indebitatus assumpsit for money had and received ; tried, on the general issue, at Danbury, October term, 1848. The plaintiffs are the executors of the last will of David Northrop, late of Sherman, deceased. He died in April, 1832 ; and his will was duly proved and approved. Sally Graves is the wife of the defendant, and is still living. The plaintiffs, in support of their claim, offered in evidence, 1. The will of David Northrop, containing the clause recited in 18 Conn. R. 333. 2. The depositions of Sylvanus Merwin, Flora A. Mer-win and Orrin Stévens. The former…
1Opinion of the Court
Church, Ch. J,
In deciding this case, we have not supposed it necessary to examine very critically the opinions of jurists, which have been advanced upon the general question, how far mistakes of law may be relieved against in equity; nor what is the precise nature of the distinction made by courts between the effect of mistakes of law and mistakes of fact upon the rights and responsibilities of parties. The questions raised on this motion seem to us to be within limits more confined. And yet we shall have occasion to advert to some of the cases on this subject, and to some of the maxims which…
2Cited by53 opinions
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- Lowndes v. City National BankSupreme Court of Connecticut · 1909
- Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
- Rockwell v. New Departure Manufacturing Co.Supreme Court of Connecticut · 1925
- Bridgeport Hydraulic Co. v. City of BridgeportSupreme Court of Connecticut · 1925
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