Camp v. Tompkins
Supreme Court of Connecticut
This was an action of assumpsit, brought by Tompkins against Henry L. Camp. The declaration comprised four counts, the three first being special, and the last general, for money had and received to the plaintiff’s use.
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This was an action of assumpsit, brought by Tompkins against Henry L. Camp. The declaration comprised four counts, the three first being special, and the last general, for money had and received to the plaintiff’s use. In the former, the plaintiff averred, that in November 1829, Lyman C. Camp, being indebted to him in a large sum of money, delivered to him a promissory note, sighed by Henry Hoyt, dated October 1st, 1829, for 61 dollars, 62 cents, payable to the order of Henry L. Camp, on demand ; which the plaintiff received in part payment of his debt, and gave notice thereof to Hoyt ; that…
1Opinion of the Court
Williams J.
The first question to be considered, is, whether "we can examine the charge given below. The facts claimed to have been proved, are to be found only in the bill of exceptions ; — and it is claimed, that as no notice was given, at the trial, of an intention to file such a bill, it is not to be regarded : in support of which Wright v. Sharp, 1 Salk. 288, is cited. In that case, at the term succeeding the trial, the court was moved for a bill of exceptions, and refused it and Holt, C. J. said: — “ You should have insisted on your exception, at the trial; you waive it, if you…
2Cases cited5 opinions
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
- Coleman v. WalcottSupreme Court of Connecticut · 1809
- Bull v. BullSupreme Court of Connecticut · 1809
- Willes v. PitkinConnecticut Superior Court · 1764
3Cited by8 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. DerrySupreme Judicial Court of Maine · 1920
- Andrews v. ThayerSupreme Court of Connecticut · 1873
- Short v. CommonwealthCourt of Appeals of Kentucky · 1920
- State v. DawsonIndiana Court of Appeals · 1906
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