Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 12

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...Was paid to him. Some time during the month of September, it was ascertained, by the plaintiffs, that the bill had been protested, and remained unpaid; and within a week or ten days after they had knowledge of this fact, it was communicated to Ingham, with notice of the facts regarding the P'l$l, and the payment of the money to the defendant; and some time in the month of October, a similar notice was Elven to the defendant of all these facts. I1 appears, then, that the plaintifis waited a reasonable time after the bill came to maturity, before they paid the avails to "16 defendant: that within a short time afterwards, and as soon as they were put upon enquiry as to the fact regarding the non-payment of the bill, they sought and obtained the requisite information, which was communicated, without any unreasonable delay, to the defendant. The plaintiffs have acted throughout, with entire good faith; have proceeded in the usual manner, and in accordance with a general usage; have been in no default; by mistake, and by reason of a misapprehension of the facts, not the result of their negligence, and without their laches, they have paid their money to the defendant, which no principles of equity known to us, will justify him in 'Vlti'lh0idlYlg from the plaintiffs, and which, in good conscience, he ought to refund. The verdict which restores it to them, is sustained by the rules of law and the soundest principles of morality and fair dealing, and ought not to he disturbed. V The view which has been taken of the case, renders it unnecessary to express an opinion upon the question of waiver, which has been argued before us; and we wish to be understood as not intimating any opinion as to that part of the instruction, which more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236790618
  • 9781236790613