Goodman v. Jones
Supreme Court of Connecticut
Action of book debt for rent. The cause was referred to an auditor, who reported the following facts: The plaintiff, on the 1st of April, 1853, being the owner of a store, made a written lease of the same to one Ralph Strickland, for three years, at a yearly rent payable quarterly, with a condition of forfeiture if the rent remained unpaid for thirty days after due.
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Action of book debt for rent. The cause was referred to an auditor, who reported the following facts: The plaintiff, on the 1st of April, 1853, being the owner of a store, made a written lease of the same to one Ralph Strickland, for three years, at a yearly rent payable quarterly, with a condition of forfeiture if the rent remained unpaid for thirty days after due. Strickland entered into possession and occupied the store until .about November 23d, when he mortgaged the goods therein by three separate instruments, to Alfred Strickland, Samuel F. Jones, (the defendant,) and to Warren…
1Opinion of the CourtStores, C. J.
There is certainly some color in this case *267for the claim of the defendant below, that the auditor has not found the facts upon which his liability depends, but only the evidence of them, and that therefore, as it was not competent for the superior court to draw inferences from that evidence, judgment was properly rendered in his favor. It is a rule, not in all cases easily applied, but from which that court will not depart, that it will not draw inferences of fact from the evidence detailed in the reports of auditors or committees in chancery, but will render its judgment only on the main…
2Cited by5 opinions
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