Bissell v. Edwards
Supreme Court of Connecticut
THIS was an. action of indebitatus assumpsit, brought to recover a sum of money, claimed to have been paid to the defendant by mistake.
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THIS was an. action of indebitatus assumpsit, brought to recover a sum of money, claimed to have been paid to the defendant by mistake. It was stated in the declaration, that the defendant delivered to the plaintiff, who was a sheriff’s deputy, a certain writ of execution in favour of Hitchcock, Wolcott and Co. against Moses Tmiss, for the sum of one hundred seven dollars and seventy cents, dated the 10th day of March, 1807, and that the plaintiff received such execution to levy and return according to law ; and that on the 21st day of March, 1807, the plaintiff, by virtue of such execution,…
1Opinion of the CourtSwift, J.
The plaintiff in this action, claims, that the defendant delivered to him, lie being a deputy sheriff, an *98execution in favour of Hitchcock, Wolcott and Co. againsf Moses Tiviss, which he levied on certain estate, sold it, anti paid the money to the defendant ; that the estate on which the execution was levied belonged to Chcnczcr Tiviss, who had sinee, by suit, recovered the value of it from the plain tiff.
The court charged the jury, that if they found that the property on which the execution was levied, belonged to Ebcneser Tiviss, and not to Moses, and that the plaintiff had paid the money…
2Cited by1 opinion
- De Forest v. StrongSupreme Court of Connecticut · 1831