Hughes v. Barney
Supreme Court of Connecticut
THIS was an action of account, wherein the plaintiffs declared, “ that the defendants, at Georgetown in the state of South-Carolina, on the 13th of April 1812, being masters of the sloop Three Sisters, then bound on a voyage to Charleston, and elsewhere, thence back to Georgetown, received of the plaintiffs on board said sloop, of the proper goods of the plaintiffs, [specifying the articles] to transport to Charleston, and elsewhere, and to sell and dispose of the same to…
Read the full summary
THIS was an action of account, wherein the plaintiffs declared, “ that the defendants, at Georgetown in the state of South-Carolina, on the 13th of April 1812, being masters of the sloop Three Sisters, then bound on a voyage to Charleston, and elsewhere, thence back to Georgetown, received of the plaintiffs on board said sloop, of the proper goods of the plaintiffs, [specifying the articles] to transport to Charleston, and elsewhere, and to sell and dispose of the same to the best advantage of them the plaintiffs, and returns make, and their reasonable account render to thepiaintiffs, when…
1Opinion of the Court
SwiRT, Ch. J.
This is a general action of account. The plaint iff has recited a cerium writing, acknowledging the receipt of “ the above goods bat there is no allegation, *706that the above goods were the goods described in the declarations or what goods they were. The allegation, then, respecting the receipt, is a mere nullity, and cannot constitute a distinct count, to prove which the writing would In relevant.
The writing or receipt offered in evidence not only disproved the allegations of the plaintiff in his declaration, but clearly proved an entirely different contract, or engagement, from…
2Cited by1 opinion
- Patton v. HamnerSupreme Court of Alabama · 1856