Beecher v. Buckingham
Supreme Court of Connecticut
This was an action on a promissory note; tried, on the general issue, at New-Haven, October term, 1845, before Waite, J. On the trial, the making of the note, by the defendants, and the appointment of the plaintiffs as administrators cum testa-mento annexe, were proved and admitted The defendants then read in evidence a release, executed by Daniel Tolies, one of the plaintiffs, as administrator aforesaid, under his band and seal, dated April 0th, 1844, acknowledging the…
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This was an action on a promissory note; tried, on the general issue, at New-Haven, October term, 1845, before Waite, J. On the trial, the making of the note, by the defendants, and the appointment of the plaintiffs as administrators cum testa-mento annexe, were proved and admitted The defendants then read in evidence a release, executed by Daniel Tolies, one of the plaintiffs, as administrator aforesaid, under his band and seal, dated April 0th, 1844, acknowledging the receipt of the full amount due on said note, and discharging the defendants from all demands on account thereof —…
1Opinion of the CourtWaite, J.
1. Daniel Tolies, one of the plaintiffs, was called as a witness, by the defendants. To his admission an objection was made on the part of the plaintiffs — not upon the ground, simply, of his being a party upon the record ; for it has been repeatedly holden, that that is not sufficient. Butler &, al. v. Elliott & al. 15 Conn. R. 187. 205. Woodruff & al. v. Westcott, 12 Conn. R. 134. Cowles & al. v. Whitman & al. 10 Conn. R. 125. But the claim is, that he had an interest in favour of the defendants ; that having received of them the debt, he will be liable to refund to them, if they should be…
2Cases cited2 opinions
- Hertell v. BogertNew York Court of Chancery · 1841
- Bulkley v. StewartSupreme Court of Connecticut · 1803
3Cited by9 opinions
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- Blodgett v. Bridgeport City Trust Co.Supreme Court of Connecticut · 1932
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- Buckingham's Appeal From ProbateSupreme Court of Connecticut · 1891
- Oles v. FurlongSupreme Court of Connecticut · 1948
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