Watkinson v. Ellsworth
Supreme Court of Connecticut
Assumpsit upon a note for one thousand dollars, dated October 27th, 1854. The material facts, as found by an auditor to whom the case was referred, were as follows. On the 16th day of August, 1836, the plaintiff and defendant entered into a written agreement of the following tenor.
Read the full summary
Assumpsit upon a note for one thousand dollars, dated October 27th, 1854. The material facts, as found by an auditor to whom the case was referred, were as follows. On the 16th day of August, 1836, the plaintiff and defendant entered into a written agreement of the following tenor. “Whereas Henry L. Ellsworth, &c., made to me, the undersigned covenantor, R. Watkinson, &c., a proposition to invest money in western land, upon the following terms, to wit: the title of the land purchased to be vested in myself, with the obligation on my part to convey to said Henry half the profits, after…
1Opinion of the CourtSanford, J.
Sometime before the 15th of May, 1836, the parties in this case embarked in a speculation in western *215lands. The plaintiff furnished the capital, and the defendant made the investment, taking the title in the plaintiff’s name.
The property remained unsold until October 1845. The sale of it was then commenced by the defendant, and after-wards prosecuted until it was all disposed of. And from time to time the defendant paid over to the plaintiff portions of the proceeds of his sales, until October 1854, when, it being supposed that one thousand dollars at least was due to the plaintiff, the note…
2Cited by2 opinions
- Pollak v. HarmonSupreme Court of Alabama · 1891
- Ellsworth v. PomeroyIndiana Supreme Court · 1866