Lockwood v. Smith
Supreme Court of Connecticut
MOTION for a new trial. This was an action of indebitatus assumpsit. It was stated in the declaration, that on or about the 13th day of December, 1804, Amos Weed and Thaddeus Bell, jun., two of the defendants, together with Sylvanus Knapp, George Mills and time being ; and that they applied to the plaintiff, and represented to him, that as select-men of the town, by the advice and direction of Ebenezer Davenport, Esquire, the next justice of the peace, in pursuance of the…
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MOTION for a new trial. This was an action of indebitatus assumpsit. It was stated in the declaration, that on or about the 13th day of December, 1804, Amos Weed and Thaddeus Bell, jun., two of the defendants, together with Sylvanus Knapp, George Mills and time being ; and that they applied to the plaintiff, and represented to him, that as select-men of the town, by the advice and direction of Ebenezer Davenport, Esquire, the next justice of the peace, in pursuance of the statute, entitled “ An act for relieving and ordering of idiots, impotent, distracted and idle persons,” they had taken…
1Opinion of the CourtEdmond, J.
A new trial is claimed, in this case, on the ground, that the Superior Court erred in rejecting the testimony recited in the motion. The plaintiff, by his declaration, founds his right of recovery, upon services by him performed, and monies expended in certain law suits, in which he was involved, in consequence of the performance of those services, at the special instance and request of the defendants ; by which, he alleges, that the defendants became indebted to him, and being so indebted, assumed and promis- < d, &c.
The promise stated, is a joint promise of the defendants. On the trial of…
2Cited by1 opinion
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