Oxford Turnpike Co. v. Bunnel
Supreme Court of Connecticut
This was an action of indebitatus assumpsit, to recover of the defendant 116 dollars, being the amount of the dividend, which had been declared on fifty-eight shares of the stock of The Oxford Turnpike Company, and which had been received by the defendant.
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This was an action of indebitatus assumpsit, to recover of the defendant 116 dollars, being the amount of the dividend, which had been declared on fifty-eight shares of the stock of The Oxford Turnpike Company, and which had been received by the defendant. The cause was tried, on the general issue, at New-Haven, at an adjourned term in April, 1827, before Daggett, J. From the 27th of April, 1822, to the 6th of April, 1824, the defendant was the clerk, and treasurer of the company ; and the sum of 116 dollars, which had accrued as profits on said shares, and had been duly declared, had been…
1Opinion of the CourtDaggett, J.
The question of fact raised on the trialof the issue to the jury at the circuit, was, by the court, submitted to the jury, and by the jury found against the defendant. Of that part of the charge the defendant cannot and does not complain; but he now urges in support of his motion, that the charge of the court as to the question of law, was incorrect. The court instructed the jury, that by the facts admitted, Asahel Bacon's right to the money in question was superior to that of the Leavitts. Whether this instruction was right, depends solely on the question whether Bacon's attachment gave him…
2Cases cited2 opinions
- Marlborough Manufacturing Co. v. SmithSupreme Court of Connecticut · 1818
- Northrop v. Newtown & Bridgeport Turnpike Co.Supreme Court of Connecticut · 1821
3Cited by15 opinions
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- Champion v. Wilson & Co.Supreme Court of Georgia · 1879
- Colt v. IvesSupreme Court of Connecticut · 1862
- People's Bank v. GridleyIllinois Supreme Court · 1878
- Hood v. McNaughtonSupreme Court of New Jersey · 1892
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