Vandenheuvel v. Storrs
Supreme Court of Connecticut
This was an action of assumpsit for the use and occupa* tion of a tract of land in Mansfield, known by the name of the Apthorp farm.
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This was an action of assumpsit for the use and occupa* tion of a tract of land in Mansfield, known by the name of the Apthorp farm. There were three counts ; the first of which alleged, That the defendant, on the first day of April, 1817, was indebted to the plaintiff in the sum of 1400 dollars, for the use, occupation and rent of the premises, before that time let to the defendant, at his special instance and request, and by him, according to such letting, used and occupied, for the term of nine years. The second count stated, That in consideration that the plaintiff, at the special…
1Opinion of the Court
Hosmer, Ch. J.
All the coparceners, except the plaintiff’s wife, having successively died, after the defendant’s occupation of the land, the right of action survived to the plaintiff, and may be joined with a demand due in his own right. 1 Chitt. Plead. 200. It is an established principle, that the plaintiff, in an action on simple contract, may declare, without describing himself as surviving partner. Ditchburn v. Spracklin & al. 5 Esp. Rep. 32. Hyat v. Hare, Comb. Rep. 383. Smith v. Burrow, 2 Term Rep. 476. Spalding & al. v. Mure & al. 6 Term Rep. 365. But it is equally clear, that he must…
2Cases cited1 opinion
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
3Cited by13 opinions
- Schleicher v. SchleicherSupreme Court of Connecticut · 1935
- Walker v. BrownIllinois Supreme Court · 1862
- Dwight v. CutlerMichigan Supreme Court · 1855
- Harral v. LevertySupreme Court of Connecticut · 1882
- McNair v. SchwartzIllinois Supreme Court · 1854
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