Clark v. Smith
Supreme Court of Connecticut
This was an action on the case against Simeon Smith Esq. sheriff of the county of New-London, for the default of Lodo-wick Bill, a deputy of the defendant, in not returning a writ of attachment in favour of the plaintiff against one Joseph Crandall.
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This was an action on the case against Simeon Smith Esq. sheriff of the county of New-London, for the default of Lodo-wick Bill, a deputy of the defendant, in not returning a writ of attachment in favour of the plaintiff against one Joseph Crandall. The declaration stated, That Joseph Crandall, of Salem, in New-London county, being justly indebted to the plaintiff, in the sum of 500 dollars, for divers goods, wares and merchandize, by the plaintiff, sold and delivered to said Crandall, in the city of Norwich, he, the said Crandall, on the 2d of March 1831, in said city, made, executed and…
1Opinion of the CourtDaggett, J.
On the trial of this cause to the jury, on the general issue, three points of defence were set up, by the defendant.
1. The suit against Crandall could not have been sustained before the city court, to which the writ was made returnable. I do not see any force in this objection. The utmost that could have been shown, by Crandall, in that suit, was, that there was an agreement entered into, by the plaintiff, with him, that the right of recovery for the goods sold, should be suspended,' until it could be ascertained, whether the promissory note ta* ken conditionally, was good. If it had…
2Cases cited9 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Rich v. BellMassachusetts Supreme Judicial Court · 1820
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
- Seymour v. HarveySupreme Court of Connecticut · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fish v. SawyerSupreme Court of Connecticut · 1836
- Rindos v. Estate of Rindos, No. Cv 960563285s (Mar. 26, 1997)Connecticut Superior Court · 1997