Legal Opinion

Bailey v. Strong

Supreme Court of Connecticut

Decided July 15, 1830PublishedCited by 6 opinions

IN ERROR. This was a bill in chancery, brought by Peter B. Strong and Joanna, his wife, and James Woodworth, and Susanna, his wife, against Roger Bailey and Abel Gay, stating the following facts: That Samuel Bailey, now deceased, had, during his life, advanced to several of his sons the sum of 1000 dollars, each, and had expressed his intention to advance the like sum to his son Roger, one of the defendants; that he afterwards became insane, and so continued until his death;…

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IN ERROR. This was a bill in chancery, brought by Peter B. Strong and Joanna, his wife, and James Woodworth, and Susanna, his wife, against Roger Bailey and Abel Gay, stating the following facts: That Samuel Bailey, now deceased, had, during his life, advanced to several of his sons the sum of 1000 dollars, each, and had expressed his intention to advance the like sum to his son Roger, one of the defendants; that he afterwards became insane, and so continued until his death; that during his insanity, and while his estate was managed by his wife and children, they were persuaded and induced,…

1Opinion of the CourtBissell, J.

This writ of error is brought to reverse a decree of the superior court; and the question is, whether the facts stated in the original bill, and found by the court, will sustain the decree made thereon? In my opinion, they lay no foundation for the interposition of a court of chancery; and still less do they warrant the decree in question. The only allegation in the bill, which would furnish any plausible ground of resort to a court of equity, viz. an agreement, on the part of Roger Bailey, that the sum advanced to and received by him, should be reckoned and accounted to him, on the final…

2Cases cited1 opinion

  1. Pitkin v. PitkinSupreme Court of Connecticut · 1829

3Cited by6 opinions

  1. Hayward v. PlantSupreme Court of Connecticut · 1923
  2. Cowles v. WhitmanSupreme Court of Connecticut · 1834
  3. White v. StrongSupreme Court of Connecticut · 1902
  4. Hunt v. DubnoConnecticut Appellate Court · 1984
  5. Beach v. NortonSupreme Court of Connecticut · 1832

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