Peck v. Botsford
Supreme Court of Connecticut
This was an action of book debt, tried at Fairfield, December term, 1827, before Daggett, J. After praying oyer of the plaintiff’s account and setting it out, the defendants pleaded in bar, that Clement Botsford died on the 25th of July, 1824, and that the plaintiff's cause of action did not accrue within six years of that time The last item in the plaintiff’s account was charged in 1802. On the trial, the plaintiff offered in evidence the last will of Clement Botsford, made…
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This was an action of book debt, tried at Fairfield, December term, 1827, before Daggett, J. After praying oyer of the plaintiff’s account and setting it out, the defendants pleaded in bar, that Clement Botsford died on the 25th of July, 1824, and that the plaintiff's cause of action did not accrue within six years of that time The last item in the plaintiff’s account was charged in 1802. On the trial, the plaintiff offered in evidence the last will of Clement Botsford, made in January, 1818, and duly proved and approved soon after his death, which contained this clause : “ After my just…
1Opinion of the CourtDaggett, J.
The judge at the circuit charged the jury, that the evidence given in support of the issue, would authorize them to return a verdict for the plaintiff, to the end that the questions arising might be reserved for the opinion of this court. This course was peculiarly proper, because it had been decided, by the superior court, in December, 1826, when holden by another judge, that a clause in a will, like that shown in evidence on this issue, was sufficient to revive a debt, against which the statute of limitations had run ; and a writ of error was pending when this cause was tried, in the court…
2Cases cited5 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Thompson v. PeterSupreme Court of the United States · 1827
- Bacon v. FairmanSupreme Court of Connecticut · 1826
- Smith v. PorterSupreme Court of Pennsylvania · 1807
3Cited by22 opinions
- Coit v. TracySupreme Court of Connecticut · 1830
- Riser v. SnoddyIndiana Supreme Court · 1856
- Starr v. WatrousSupreme Court of Connecticut · 1933
- Ensign v. BattersonSupreme Court of Connecticut · 1896
- Roth v. RavichSupreme Court of Connecticut · 1930
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