Newell v. Roberts
Supreme Court of Connecticut
This was an aclion on a covenant, by indenture, entered into, between the plaintiff, on the one part, and the defendants, on the other, on the 24th of July, 1818. By this instrument, it was stipulated, That the plaintiff should pay all the debts due from and just claims against the late firm of Roberts, Ives fy Co., and advance to the defendants a further sum in money, not to exceed, including said debts and claims, 20,000 dollars ; that said money should be paid, 100…
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This was an aclion on a covenant, by indenture, entered into, between the plaintiff, on the one part, and the defendants, on the other, on the 24th of July, 1818. By this instrument, it was stipulated, That the plaintiff should pay all the debts due from and just claims against the late firm of Roberts, Ives fy Co., and advance to the defendants a further sum in money, not to exceed, including said debts and claims, 20,000 dollars ; that said money should be paid, 100 dollars, at that time ; 400 dollars, in thirty days thereafter; 1000 dollars, in ninety days thereafter ; and 1000 dollars at…
1Opinion of the Court
Williams, Ch. J.
As to the evidence. As the creditors who received payment were alive, it would seem as if their receipts were not the best evidence which could be produced. It is their written certificate of the fact of payment. If admissible, it must be upon the ground that it is the admission of a person interested in the subject against his interest, or of an agent of the defendants. There is a class of cases where entries by or under the direction of persons in the usual course of their business, have been admitted as evidence of the fact as against third persons ; as where the drayman of…
2Cases cited2 opinions
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- Norton v. PettiboneSupreme Court of Connecticut · 1829
3Cited by10 opinions
- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Johnson v. HigginsSupreme Court of Connecticut · 1885
- British American Insurance v. WilsonSupreme Court of Connecticut · 1905
- Theron Ford Co. v. DudleySupreme Court of Connecticut · 1926
- White v. BaileySupreme Court of Connecticut · 1841
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