Legal Opinion

Boughton v. Boughton

Supreme Court of Connecticut

Decided June 14, 1904PublishedCited by 6 opinions

Action to recover rent, brought to and tried by the Superior Court in New Haven County, Elmer, J.; facts found and judgment rendered for the plaintiff for $1,025, and appeal by the defendant. The plaintiff and defendant are brothers. . Their father died in 1891 possessed of certain real estate in Waterbury, upon which was a two-tenement dwelling-house.

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Action to recover rent, brought to and tried by the Superior Court in New Haven County, Elmer, J.; facts found and judgment rendered for the plaintiff for $1,025, and appeal by the defendant. The plaintiff and defendant are brothers. . Their father died in 1891 possessed of certain real estate in Waterbury, upon which was a two-tenement dwelling-house. At the time of the father’s death the defendant was, and for some. time had been, occupying said premises under the understanding that he was to pay a reasonable rent therefor. He has since continued to reside in the lower tenement during all…

1Opinion of the CourtPrentice, J.

Judgment was rendered for the plaintiff to recover rent for a considerable period of time prior to six years before the commencement of the action. This, under the pleadings, involved the finding of an acknowledgment or new promise on the defendant’s part within the six years. Such finding the court made. The defendant in his reasons of appeal seeks to attack this finding, (1) as involving a conclusion of mixed law and fact of such a character as to show either a misconception of the law or a misapplication of it to the facts found; and (2) as involving conclusions of fact without evidence.

In…

2Cited by6 opinions

  1. Clark v. DiefendorfSupreme Court of Connecticut · 1929
  2. Apuzzo v. HoerSupreme Court of Connecticut · 1939
  3. Hartford-Connecticut Trust Co. v. CambellSupreme Court of Connecticut · 1922
  4. Dennison v. Waterville Cutlery Co.Supreme Court of Connecticut · 1908
  5. Tracy v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909

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