¶1dissenting. He said tbat tbe admission of such charges on book, supported by tbe parties’ oath, would tend to introduce tbe greatest imaginable confusion. The nature of tbe thing rendered tbe idea of such a charge on book absurd; because, when a deed of land is made out, tbe grantor acknowledges tbe consideration to be paid to bis full satisfaction at tbe time of tbe grant; and it is both dangerous and absurd, tbat so high an evidence should be set aside by tbe parties’ own oath.
1 Kirby 10
Hinman v. Stiles
Decided February 15, 1786
Connecticut Superior Court · decided 1786-02-15
. AotioN of book debt, nil debet pleaded, and verdict for the plaintiff. The defendant moved in arrest of judgment; and for cause alleged, that the account produced on trial, contained a charge of about £40 for a tract of land, and also a charge of about £3 as interest on part of the account; both of which were illegal as charges on book, and both were allowed by the jury, in their verdict.*
Motion overruled · Decided 1786-02-15