Cowles v. Whitman
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought by Solomon and Edward Whitman., to obtain from Lemuel Whitman, administrator of Lemira Whitman, deceased, a transfer of five shares of the capital stock of the Middlesex County Bank, standing in her name, on the books of that institution.
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IN ERROR. This was a bill in chancery, brought by Solomon and Edward Whitman., to obtain from Lemuel Whitman, administrator of Lemira Whitman, deceased, a transfer of five shares of the capital stock of the Middlesex County Bank, standing in her name, on the books of that institution. Soon after the incorporation of the Middlesex County Bank and before the distribution of the stock, by the commissioners, it was agreed between the plaintiffs and their sister, Lemira Whitman, then living, that five shares of such stock should be subscribed in her name, and that if more shares should be…
1Opinion of the Court
Daggett, Ch. J.
Among the errors assigned are two, which have been very properly abandoned by the counsel for the defendants below. First, that costs were taxed against them. Surely, such a question cannot be made in this Court; as it is entirely discretionary, according to the course of the court, to allow or disallow costs.
Another ground of error alleged, is, that the court admitted the testimony of Nancy Whitman, one of the defendants. This testimony, it appears, was given voluntarily on her part, and against her interest.
This objection, like the other, is quite unfounded ; and as it has…
2Cases cited2 opinions
- Pitkin v. PitkinSupreme Court of Connecticut · 1829
- Bailey v. StrongSupreme Court of Connecticut · 1830
3Cited by19 opinions
- Johnson v. . BrooksNew York Court of Appeals · 1883
- Johnson v. BlackmanSupreme Court of Connecticut · 1836
- Temple v. LawsonSupreme Court of Arkansas · 1857
- Colt v. ColtSupreme Court of Connecticut · 1865
- Matter of BossonDistrict Court, D. Connecticut · 1977
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