Coleman v. Wolcott
Supreme Court of Connecticut
This was an action on the case, in several counts, the substance of which may be concisely stated as follows(a). In September 1795, the plantiff and John Taylor, on the one part, entered into a covenant with the defendant on the other part, whereby the former covenanted to advance certain sums of money, and the latter covenanted to survey, locate and procure a grant or patent of 200,000 acres of a tract of land in Virginia within the Louisa forks of the river Sandy, or repay…
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This was an action on the case, in several counts, the substance of which may be concisely stated as follows(a). In September 1795, the plantiff and John Taylor, on the one part, entered into a covenant with the defendant on the other part, whereby the former covenanted to advance certain sums of money, and the latter covenanted to survey, locate and procure a grant or patent of 200,000 acres of a tract of land in Virginia within the Louisa forks of the river Sandy, or repay the money advanced. In November following, Taylor assigned all his interest, and the plantiff two thirds of his…
1Opinion of the CourtBrainard, J.
As to the first point. No principle of law requires a man to do what is not presumed to be in his power, nor to state what he is not presumed to know. These assignments were not under the controul of the plaintiff. They were the property of Gilbert, and had been, or were presumed to have been, from delivery, in his possession. Coleman, at the time of framing his declaration, could not know the state and situation of these instruments. He had a right to presume that they were in existence in the hands of Gilbert ; and that upon the trial, through the hands and medium of Gilbert as a witness,…
2Cited by8 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Filler v. City of MinotNorth Dakota Supreme Court · 1979
- Byrnes v. VolzSupreme Court of Minnesota · 1893
- Jewell v. NuhnSupreme Court of Iowa · 1915
- Morrison v. MorrisonSupreme Court of New Hampshire · 1869
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