Freeman v. Burnham
Supreme Court of Connecticut
Assumpsit, on a promissory note of $4,000, -with a count for money had and received; brought to the Superior Court in Hartford county. The plaintiff sued as administrator of the estate of Francis Rood, deceased. The bill of particulars set forth sundry items of money of the intestate received by the defendant, the principal of which were two items of $4000 and 1,900, in March and July, 1864, with interest thereon.
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Assumpsit, on a promissory note of $4,000, -with a count for money had and received; brought to the Superior Court in Hartford county. The plaintiff sued as administrator of the estate of Francis Rood, deceased. The bill of particulars set forth sundry items of money of the intestate received by the defendant, the principal of which were two items of $4000 and 1,900, in March and July, 1864, with interest thereon. The defendant pleaded the general issue, with notice of payment and of an accord and satisfaction. The case was referred to an auditor by whom the following facts were found. Some…
1Opinion of the CourtCarpenter, J.
It is conceded that the plaintiff is entitled to recover the sum of $400. He further claims that he is entitled to recover the sum due from Burnham to the plaintiff’s intestate on the 10th day of November, 1864, and for which notes were given to Mrs. Burnham and her daughter, as stated in the report. The substance of that transaction was a gift. His right to make it, provided creditors were not thereby injured, is not questioned. We think it equally clear that it cannot be sustained so far as it deprives the donor of the means of paying his creditors in full. A voluntary conveyance, which…
2Cited by9 opinions
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Finnegan v. LafontaineSupreme Court of Connecticut · 1937
- Bassett v. McKennaSupreme Court of Connecticut · 1885
- Pepe v. SantoroSupreme Court of Connecticut · 1925
- Cook Bros. & Co. v. Burnham, Hanna, Munger & Co.Court of Appeals of Kansas · 1896
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