Booth's Administrators v. Northrop
Supreme Court of Connecticut
Action on the case for false warranty and fraud in the exchange of cattle, instituted originally by David Booth, and" afterwards prosecuted by his administrators. The declaration contained three counts.
Read the full summary
Action on the case for false warranty and fraud in the exchange of cattle, instituted originally by David Booth, and" afterwards prosecuted by his administrators. The declaration contained three counts. In the first the plaintiff declared that “ at the request of Ibe defendant he bargained with him to exchange a certain yoke of brindle oxen, belonging to the plaintiff, for a certain yoke of red oxen belonging to the defendant, and the sum of $18 in money, which the defendant then and there paid to the plaintiff; and that the defendant then and there contriving and intending to cheat and…
1Opinion of the CourtStorrs, C. J.
The motion for a new trial in this case being abandoned by the defendant, it is unnecessary to consider any of the points which it might involve. The only question before us is the one which has been made on the motion in *328arrest of judgment; namely, whether the death of the original plaintiff, during the pendency of this suit, prevented it from being prosecuted further by his administrators.
By the rules of the common law an action is abated by the death of the plaintiff or defendant, and can not be revived in favor of their respective executors or administrators; and if the cause of action…
2Cited by16 opinions
- Patton v. BradySupreme Court of the United States · 1902
- Lee's Adm'r v. HillSupreme Court of Virginia · 1891
- Barton v. City of New HavenSupreme Court of Connecticut · 1902
- Electric Welding Co. v. PrinceMassachusetts Supreme Judicial Court · 1907
- Kloepfer v. ForchIdaho Supreme Court · 1919
11 more not listed; retrieve them via the Exa API.