Collins v. Phelps
Connecticut Superior Court
THIS was an action of assumpsit. The declaration was in substance as follows .* That the defendant on the 20th of July was justly and truly indebted to the plaintiff, as assignee of Sampson and Foster, in the sum of seven hundred dollars, for so much money before that time and since the bankruptcy had and received to and for the use of the plaintiff, as assignee; for that Sampson and Foster since their bankruptcy delivered to the defendant certain books of ac* counts, notes…
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THIS was an action of assumpsit. The declaration was in substance as follows .* That the defendant on the 20th of July was justly and truly indebted to the plaintiff, as assignee of Sampson and Foster, in the sum of seven hundred dollars, for so much money before that time and since the bankruptcy had and received to and for the use of the plaintiff, as assignee; for that Sampson and Foster since their bankruptcy delivered to the defendant certain books of ac* counts, notes and receipts, in their favour, and authorized the defendant to receive the moneys due on the same to the use of the…
1Opinion of the CourtBrainerd, J.
The question is, whether, from the facts disclosed in the declaration, it appears that an ac*508tion of account ought to be brought? These facts ne--cessarily imply that the defendant has an interest; and the proper action is account. * £
Trumbull, J., This action is brought expressly for yoo dollars. If the defendant disclaims all charges, all hires ; if he has- had this sum clear of all claims, per* haps spch evidence is admissible under this declaration.
Swift, Pr. J. I should think assumfide in this case would He; but the opinion of the court is, that you can prove nothing but an express…
2Cited by2 opinions
- Beach v. HotchkissSupreme Court of Connecticut · 1818
- Canfield v. MerrickSupreme Court of Connecticut · 1836