Legal Opinion

Nichols v. City of Bridgeport

Supreme Court of Connecticut

Decided June 15, 1854PublishedCited by 44 opinions

This was an action, brought by Jonathan Nichols against the city of Bridgeport. The declaration embraced two counts. The first was the common count for money had and received.

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This was an action, brought by Jonathan Nichols against the city of Bridgeport. The declaration embraced two counts. The first was the common count for money had and received. The second alleged, that “the defendants were indebted to the plaintiff, in the sum of one thousand dollars for land of the plaintiff, situated in the city of Bridgeport, and before that time, taken and appropriated by the defendants, under the pretended provisions of then charter, for a public street, or highway, within the limits of said city. And being so indebted, the defendants afterwards, in consideration thereof,…

1Opinion of the CourtHinman, J.

The declaration contains a count for money had and received by the defendants for the plaintiff’s use, and also a count for the value of the land, taken and appropriated by the defendants, under the provisions of their charter, for a public street, or highway, within the limits of the city. The right of the plaintiff to recover, upon the second count, has not, however, been pressed, and as plaintiff’s argument rests upon the claim that^^.inB’of 1 plaintiff has not, in point of law, been taken,\n the grom that the proceedings are all void, we presume this count was intended to be abandoned.…

2Cases cited3 opinions

  1. Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
  2. Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
  3. Inhabitants of Wrentham v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1809

3Cited by44 opinions

  1. Sears v. CottrellMichigan Supreme Court · 1858
  2. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  3. City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
  4. Emery v. San Francisco Gas Co.California Supreme Court · 1865
  5. Gilmore v. HentigSupreme Court of Kansas · 1885

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