Legal Opinion

Hewitt v. Wheeler

Supreme Court of Connecticut

Decided July 15, 1852PublishedCited by 5 opinions

This was a scire-facias, in a process of foreign attachment, demanding of Russell Wheeler and Dudley R. Wheeler, the amount of a judgment obtained by the plaintiff, against Joseph Kinney, before the county court for New London county, on the second Tuesday of November, 1848. The cause came, by appeal, to the superior court, for New London county, and was tried, on the general issue, at the term of said court, holden in September, 1852. The indebtedness which the plaintiff…

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This was a scire-facias, in a process of foreign attachment, demanding of Russell Wheeler and Dudley R. Wheeler, the amount of a judgment obtained by the plaintiff, against Joseph Kinney, before the county court for New London county, on the second Tuesday of November, 1848. The cause came, by appeal, to the superior court, for New London county, and was tried, on the general issue, at the term of said court, holden in September, 1852. The indebtedness which the plaintiff claimed, as due from the defendants, was upon a certain contract for building a Congregational church, in North…

1Opinion of the CourtEllsworth, J.

The main question in this case is, whether the defendants were debtors of Joseph Kinney, by virtue of the contract, entered into for the building of “ a Congrega*562tional church, in the village of Milltown, in North Stonington.”

It is not necessary, in deciding this case, to go through the numerous cases which have been cited at the bar, to show, where agents really or professedly contracting in behalf of others, do not bind their principals, but themselves ; or what should be the form of the agent’s signature, to save himself from responsibility. The books are full of cases upon this refined…

2Cases cited1 opinion

  1. Hodgson v. DexterSupreme Court of the United States · 1803

3Cited by5 opinions

  1. Austin, Nichols Co., Inc. v. GrossSupreme Court of Connecticut · 1923
  2. Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
  3. Taylor v. SheltonSupreme Court of Connecticut · 1861
  4. Farr v. SteinMontana Supreme Court · 1918
  5. Deutsche Bank Nat'l Trust Co. v. BurkeDistrict Court, S.D. Texas · 2017

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