Cook v. Morris
Supreme Court of Connecticut
Action to recover $25,000 alleged to be doe and payable to the plaintiff from the estate of the defendant’s testator, for services rendered the testator in his lifetime ; brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; judgment as in case of non-suit was rendered by the court, and the plaintiff appealed. The case is sufficiently stated in the opinion.
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Action to recover $25,000 alleged to be doe and payable to the plaintiff from the estate of the defendant’s testator, for services rendered the testator in his lifetime ; brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; judgment as in case of non-suit was rendered by the court, and the plaintiff appealed. The case is sufficiently stated in the opinion. I. A motion for compulsory nonsuit being substantially the same as a demurrer to the evidence, it is the duty of the court to assume the truth of the plaintiff’s evidence, and to deduce therefrom…
1Opinion of the CourtHamersley, J.
This is an appeal from the judgment of the Superior Court as in case of nonsuit, rendered during a *202trial to the jury, upon the motion of the defendant and against the will of the plaintiff, after the plaintiff had adduced his evidence and rested his case. As the record does not disclose the particular reason which induced the court below to grant the motion, we will consider such grounds of non-suit as apparently might have been the basis of the court’s action. First. The claim made by the defendant, that there is no evidence to go to the jury in support of the facts put in issue by the…
2Cases cited4 opinions
- Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828
- Trowbridge v. TrueSupreme Court of Connecticut · 1884
- Todd v. MunsonSupreme Court of Connecticut · 1886
- Bennett v. Agricultural InsuranceSupreme Court of Connecticut · 1884
3Cited by33 opinions
- Bridgeport Hydraulic Co. v. PearsonSupreme Court of Connecticut · 1952
- State v. AvcollieSupreme Court of Connecticut · 1979
- Roma v. Thames River Specialties Co.Supreme Court of Connecticut · 1915
- Crowell v. PalmerSupreme Court of Connecticut · 1948
- Fox v. ShanleySupreme Court of Connecticut · 1920
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