Boswell v. Goodwin
Supreme Court of Connecticut
Bill for a foreclosure. The case was referred to a committee, by whom the following facts were found. The mortgage of the petitioner was executed on the 24th day of August, 1855, by George Goodwin and others, constituting the firm of Goodwin & Co., and was given to secure the following bond of that date, executed by them “ Know all men by these presents, that we, George Goodwin, of East Hartford, and Charles Goodwin, Henry Goodwin and Edward Goodwin, of Hartford, all of the…
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Bill for a foreclosure. The case was referred to a committee, by whom the following facts were found. The mortgage of the petitioner was executed on the 24th day of August, 1855, by George Goodwin and others, constituting the firm of Goodwin & Co., and was given to secure the following bond of that date, executed by them “ Know all men by these presents, that we, George Goodwin, of East Hartford, and Charles Goodwin, Henry Goodwin and Edward Goodwin, of Hartford, all of the county of Hartford, are held and firmly bound unto Charles Boswell, of said Hartford, in the penal sum of ten thousand…
1Opinion of the CourtSanfokd, J.
The evidence objected to on the hearing before the committee was inadmissible. The bill contained no allegation of the fact which that evidence was introduced to prove ; and the respondents, having no notice of the claim, can not be supposed to have come to the trial prepared to meet it. Eor this error of the committee in receiving improper evidence therefore, as the bill now stands, the respondents, Seymour & Go., are entitled upon their remonstrance to have the report of the committee set aside.
But as the petitioner’s bill may be amended, so as to render the evidence objected to admissible,…
2Cases cited8 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Ross v. Doe on the Demise of BarlandSupreme Court of the United States · 1828
- McDaniels v. ColvinSupreme Court of Vermont · 1844
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
- Frye v. President of the Bank ex rel. HardinIllinois Supreme Court · 1849
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3Cited by18 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- City National Bank v. StoeckelSupreme Court of Connecticut · 1926
- Home Savings & Loan Ass'n v. BurtonWashington Supreme Court · 1899
- Hyman v. . HauffNew York Court of Appeals · 1893
- W. P. Fuller & Co. v. McClureCalifornia Court of Appeal · 1920
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