Enos v. Tuttle
Supreme Court of Connecticut
A new trial having been granted, pursuant to the decision ante 27. 30. this cause was again tried, at Hartford, September term, 1819, before Brainard, J. To prove the fraudulent combination, claimed by the plaintiff, between Green Bixby and Julius Bixby, the plaintiff offered in evidence the admissions of Green Bixby, made at a time subsequent to the execution of the note in question, and the transfer of it to Guernsey, that it was given by the defendant for certain horses,…
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A new trial having been granted, pursuant to the decision ante 27. 30. this cause was again tried, at Hartford, September term, 1819, before Brainard, J. To prove the fraudulent combination, claimed by the plaintiff, between Green Bixby and Julius Bixby, the plaintiff offered in evidence the admissions of Green Bixby, made at a time subsequent to the execution of the note in question, and the transfer of it to Guernsey, that it was given by the defendant for certain horses, which, in fact, belonged to him, Green Bix-by, but was made payable to Julius Bixby, for the sole purpose of keeping the…
1Opinion of the Court
Hosmer, Ch. J.
The declarations of Green Bixby, made subsequent to the execution of the note in controversy, in reference to the transaction between him and the defendant, were, in behalf of the plaintiff, admitted in evidence. The question is now made, whether this was admissible testimony. The relation between the parties, must constantly be borne in mind. The plaintiff is endeavouring to avail himself of the right of Green Bixby, and, to use an expressive phrase, stands in his shoes.. It has been determined, that the admissions of the absconding debtor are good evidence in behalf of the…
2Cases cited2 opinions
- Beach v. SwiftSupreme Court of Connecticut · 1817
- Dewit v. BaldwinConnecticut Superior Court · 1789
3Cited by8 opinions
- State v. DickinsonWisconsin Supreme Court · 1877
- Porter v. StateCourt of Criminal Appeals of Texas · 1918
- McCarrick v. KealySupreme Court of Connecticut · 1898
- Fleming v. YostIndiana Supreme Court · 1894
- State v. PhillipsNorth Dakota Supreme Court · 1938
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