Legal Opinion

Holcomb v. Phelps

Supreme Court of Connecticut

Decided June 15, 1844PublishedCited by 14 opinions

This was an action of trover, for sundry articles of personal property, promissory notes and moneys, which the plaintiff claimed as administrator of Richard Adams, deceased. The cause was tried at Hartford, January term 1844, before Williams, Ch. J. Richard Adams was born and brought up in this state ; but had long done business in the city of New-York, and as master of a vessel, had commenced his voyages, by sailing from that port.

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This was an action of trover, for sundry articles of personal property, promissory notes and moneys, which the plaintiff claimed as administrator of Richard Adams, deceased. The cause was tried at Hartford, January term 1844, before Williams, Ch. J. Richard Adams was born and brought up in this state ; but had long done business in the city of New-York, and as master of a vessel, had commenced his voyages, by sailing from that port. He died at Hoboken, in the state of New-Jersey, on the 2d of July, 1838, intestate, leaving neither widow nor issue, but a mother, one sister of the whole blood,…

1Opinion of the Court

Williams, Ch. J.

The great question before the jury was, where was the domicil of Adams ? Was it in Windsor, Connecticut, or in the city of New-York ? And it seems to have been assumed, that the rights of the plaintiff must depend upon the decision of that question.

Before making a particular examination of that question, it may be well to notice some general principles, which may have an influence in the result in this case, though they were not disputed. The decision of a court of competent jurisdiction is final and conclusive upon the parties, and as to the title claimed under it. Rose v.…

2Cases cited9 opinions

  1. Mills v. DuryeeSupreme Court of the United States · 1813
  2. Hopkins v. LeeSupreme Court of the United States · 1821
  3. Rose v. HimelySupreme Court of the United States · 1808
  4. Starbuck v. MurrayNew York Supreme Court · 1830
  5. Desesbats v. BerquierSupreme Court of Pennsylvania · 1808

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3Cited by14 opinions

  1. Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
  2. Adamsen v. AdamsenSupreme Court of Connecticut · 1963
  3. Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
  4. Gallup's AppealSupreme Court of Connecticut · 1904
  5. Silberman v. BlodgettSupreme Court of Connecticut · 1926

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