Treat v. Barber
Supreme Court of Connecticut
This was an action of trespass de bonis asportatis ; tried at Brooklyn, January term, 1828, before Lariman, J. The plaintiff claimed title to the goods mentioned in the declaration, by purchase from her father, Amos Treat, bona fide and for a valuable consideration.
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This was an action of trespass de bonis asportatis ; tried at Brooklyn, January term, 1828, before Lariman, J. The plaintiff claimed title to the goods mentioned in the declaration, by purchase from her father, Amos Treat, bona fide and for a valuable consideration. The defendant Barber, by the instrumentality of the other defendant, an officer, had attached them and removed them, as being still the property of Amos Treat; and claimed, that if he had sold any of them to the plaintiff, the sale was fraudulent as against creditors. To shew that the sale of the goods from Amos Treat to the…
1Opinion of the Court
Hosmer, Ch. J.
1. The admission of the testimony of James Treat raises the first question in the case.
The presence of Amos Treat I lay out of the question. The plaintiff was under no obligation to rely on his testimony, but had a right to resort to any other, conducing to prove the existence of the debt. As against the defendants, neither the books of the company, nor the testimony of James Treat, was legal evidence. It stands on no higher ground than mere hearsay. A case may be supposed, in which the above-mentioned books would be good evidence against Amos Treat and the Industry…
2Cases cited3 opinions
- Gordon v. JenneyMassachusetts Supreme Judicial Court · 1820
- Churchill v. WatsonSupreme Court of Connecticut · 1811
- Edwards v. BeachSupreme Court of Connecticut · 1809
3Cited by19 opinions
- New England Savings Bank v. Bedford Realty Corp.Supreme Court of Connecticut · 1998
- Hoxie v. Home InsuranceSupreme Court of Connecticut · 1864
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Wetherbee v. GreenMichigan Supreme Court · 1871
- City of Chicago v. MartinIllinois Supreme Court · 1868
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