Hart v. Stone
Supreme Court of Connecticut
Assumpsit, to recover the amount of an account originally due from the defendant to the Cornwall Iron Company. The Cornwall Iron Company, a corporation, had made an assignment in insolvency to Hart, the nominal plaintiff, and the account sued upon was one of the assets which came into his hands.
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Assumpsit, to recover the amount of an account originally due from the defendant to the Cornwall Iron Company. The Cornwall Iron Company, a corporation, had made an assignment in insolvency to Hart, the nominal plaintiff, and the account sued upon was one of the assets which came into his hands. This account he afterwards sold at auction, with other assets of the estate, under a regular order of the court of probate, and it was purchased by Samuel Scoville, who afterwards brought the present suit against the debtor in the name of the trustee. The case was tried before the superior court,…
1Opinion of the CourtEllsworth, J.
One of the objections to this judgment is, the admission of the probate record, which was received to prove title in the plaintiff, it not appearing, it is said, that the president of the Cornwall Iron Company, who executed the deed of assignment and affixed to it the name and seal of the company, was clothed with authority to do the act.
The probate record has not been laid before us, and we are *96left to assume that it is in the common form, showing an assignment in the name of the company signed by the president. Whether it embraces real estate we do not know, nor have we occasion to inquire,…
2Cases cited4 opinions
- Bulkley v. Derby Fishing Co.Supreme Court of Connecticut · 1817
- Watson v. WatsonSupreme Court of Connecticut · 1834
- Clark v. MixSupreme Court of Connecticut · 1842
- Howard v. LeeSupreme Court of Connecticut · 1856
3Cited by9 opinions
- Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
- Kneeland v. GilmanWisconsin Supreme Court · 1869
- Webster Bank v. FlanaganConnecticut Appellate Court · 1999
- Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Johnston v. AllisSupreme Court of Connecticut · 1898
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