Packer v. Benton
Supreme Court of Connecticut
General Assumpsit for money had and received; brought to the Superior Court in New Haven county, and tried to the jury on the general issue, with notice, before Pardee J. Upon the trial the plaintiffs, who were partners under the name of E. A. Packer & Co., offered evidence to prove, and claimed to have proved, that Filley & Co., doing business as coal dealers in New Haven, were on the 18th day of May, 1859, in failing circumstances, and unable to pay their debts in full;…
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General Assumpsit for money had and received; brought to the Superior Court in New Haven county, and tried to the jury on the general issue, with notice, before Pardee J. Upon the trial the plaintiffs, who were partners under the name of E. A. Packer & Co., offered evidence to prove, and claimed to have proved, that Filley & Co., doing business as coal dealers in New Haven, were on the 18th day of May, 1859, in failing circumstances, and unable to pay their debts in full; that the plaintiffs were their creditors to the amount of $1,975.37 and were the largest creditors in the city of New…
1Opinion of the CourtButler, J.
It appears from the motion, that the defendant upon the trial in the court below objected to the evidence offered by the plaintiffs to sustain the action, on the ground, 1st, That there was ho count in the plaintiff’s declaration to justify such proof; 2nd, That the agreement sought to be proved, if made, was void, not being in writing; and 3d, That no action at law could be maintained upon such an agreement, even if in writing. The evidence having been admitted, the court were requested to charge the jury to the same effect, and the court declined to charge as requested. In thus receiving…
2Cases cited1 opinion
- Clapp v. LawtonSupreme Court of Connecticut · 1862
3Cited by18 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- Fitzsimmons v. International Assn. of MacHinistsSupreme Court of Connecticut · 1939
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Sheppard v. Newton.Supreme Court of North Carolina · 1905
- Lehman v. LevySupreme Court of Alabama · 1881
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