Palmer v. Green
Supreme Court of Connecticut
This was an action of book debt, brought by the plaintiff as executor of Reuben Palmer, deceased, against Christopher Green and Reuben Palmer, traders in company under the firm of Palmer & Green, making a profert of the testator’s book, and demanding 900 dollars.
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This was an action of book debt, brought by the plaintiff as executor of Reuben Palmer, deceased, against Christopher Green and Reuben Palmer, traders in company under the firm of Palmer & Green, making a profert of the testator’s book, and demanding 900 dollars. To the action the defendant’s pleaded, first, that they owed the plaintiff nothing ; secondly, a submission to arbitration, by the plaintiff’s testator and Green, one of the defendants, of their book accounts, and of a note due from the testator to Green, and likewise of all the claims of the testator against the copartnership of…
1Opinion of the Court
Hosmer, Ch. J.
The defendants objected, in the first place, that a legal book, in support of the plaintiff's claim, has not been exhibited. The plaintiff's testator never made a charge on book against the defendants; but at the trial, the defendants exhibited their book, and upon this, the items of the plaintiff's demand were credited. Were it res nova, the objection made would be entitled to much consideration; but the law on this subject is too well settled, at this time, to be disturbed. From the case of Leavensworth, admr. v. Phelps, Kirby 71. in 1786, it has been considered established…
2Cited by12 opinions
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- Local 63, Textile Workers Union of America v. Cheney Bros.Supreme Court of Connecticut · 1954
- Pratt, Read & Co. v. United Furniture Workers of AmericaSupreme Court of Connecticut · 1949
- Shelton v. HadlockSupreme Court of Connecticut · 1892
- Aetna Casualty & Surety Co. v. LightyConnecticut Appellate Court · 1985
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