Stoddard v. Mix
Supreme Court of Connecticut
This was an action of assumpsit. There were four counts in the declaration. In the first, the plaintiff stated, that on .the 21st of December, 1836, the defendant made his bill of exchange in writing, of that date, and directed it to Charles Mix of New-York, requesting him, in thirty days after the date thereof, to pay to the order of the plaintiff, the sum of 158 dollars, and 80 cents, for value received, and delivered said bill of exchange to the plaintiff: that such bill…
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This was an action of assumpsit. There were four counts in the declaration. In the first, the plaintiff stated, that on .the 21st of December, 1836, the defendant made his bill of exchange in writing, of that date, and directed it to Charles Mix of New-York, requesting him, in thirty days after the date thereof, to pay to the order of the plaintiff, the sum of 158 dollars, and 80 cents, for value received, and delivered said bill of exchange to the plaintiff: that such bill of exchange not having been paid, by said Charles Mix, the plaintiff brought his action against the defendant, on the…
1Opinion of the CourtChurch, J.
In this case, the jury returned a verdict in favour of the plaintiff on the first, second and fourth counts of the declaration, and in favour of the defendant, on the third. And now the defendant moves in arrest of judgment, for the insufficiency of the counts upon which the verdict against him was rendered. Because,
*22It is not alleged in either count, that this defendant was legally liable to the plaintiff upon the demand sought to be enforced against him, in the action which was withdrawn; and therefore, that no sufficient consideration for the defendant’s promise is shewn.
The mere…
2Cases cited4 opinions
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Hanna v. MillsNew York Supreme Court · 1839
- Kelly v. FosterSupreme Court of Pennsylvania · 1809
- Yale v. CoddingtonNew York Supreme Court · 1839
3Cited by14 opinions
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Long v. TowlSupreme Court of Missouri · 1868
- Austell v. RiceSupreme Court of Georgia · 1848
- Sanford v. HuxfordMichigan Supreme Court · 1875
- Richardson v. RowlandSupreme Court of Connecticut · 1873
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