Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 9

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 9

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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. 1853 edition. Excerpt: ...to said Elliott. It was an accommodation note, given without consideration, and for the purpose of obtaining money, by getting it discounted. The money sought to be recovered had been in fact paid, by the present defendant, before the commence-ment of his action. The point in controversy, on the trial, was, whether the note was made for the use of the defend-ant, or of Joseph Bartholomew, the payee, who became in-solvent; the plaintiff claiming the former, and the defendant the latter. In support of the plaintilf's claim, he introduced two witnesses to prove a conversation with the defendant, to whose competency no objection was made; and they related the whole conversation. In the conversation certain facts were stated which the defendant claimed to be relevant, tend-ing to establish the defence set up, and he, therefore, insisted, that the whole conversation ought to be considered by the jury as evidence. This claim of the defendant was resisted by the plaintiff. The judge charged the jury, that the whole testimony ought to be received and considered by them; but that such of the facts stated by the defendant in said conversation as were in his own favour, the jury were not bound to believe, but the whole was to be received together, for the purpose of deciding whether it could be explained so as to leave no impression against the defendant. No evidence was offered by the plaintiff, tending to prove any express malice in the defendant in the commencement of his action against the plaintiff; or that he commenced it with a malicious intent unjustly to vex or trouble him; and the defendant claimed, that unless the jury should find that all the facts known or believed by the defendant to be true relating to that action, were...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236842103
  • 9781236842107