Legal Opinion

Smith v. Bradley

Connecticut Superior Court

Decided January 15, 1790PublishedCited by 1 opinion

AotioN of the case, declaring — That on the 29th of April 1781 tbe defendant received of the plaintiff a pay-table order for £200 in state bills, which, he received of Ool. Champion and was accountable to -him for; that the defendant in consideration thereof, promised to account to Ool.

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AotioN of the case, declaring — That on the 29th of April 1781 tbe defendant received of the plaintiff a pay-table order for £200 in state bills, which, he received of Ool. Champion and was accountable to -him for; that the defendant in consideration thereof, promised to account to Ool. Champion for it; that he hath never accounted to said Champion for it, but the plaintiff hath been compelled to pay said Champion for said order damage £133. Issue to the jury on the plea of nonassumpsit, and verdict for plaintiff. Defendant moves in arrest, the insufficiency of the declaration, being upon a…

1Opinion of the Court

By the Court.

It is no cause of arrest that the jury have found their verdict upon insufficient evidence, for they are judges of the weight of evidence. Woodruff v. Whittlesey, Kirby, 61. The consideration of the promise is laid to have been in April A. D. 1781, but the promise did not arise until the plaintiff was compelled to pay Ool. Champion said order; and it was a promise or obligation which the law raised from the natural equity of the transaction, and not within said statute.

2Cited by1 opinion

  1. Thouvenin v. LeaTexas Supreme Court · 1863

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