¶1(Dter, J., absent) — Tbe opinion of tbe commissioners is immaterial to us; nor is it important to us, bow tbe matter appeared before them; this court must judge from tbe evidence here exhibited. If any witness who before testified, is dead, Ms testimony may now be given in evidence; or any confession of tbe plaintiff against himself —■ but no farther.
1 Kirby 258
Fitch v. Hyde
Decided March 15, 1787
Connecticut Superior Court · decided 1787-03-15
The defendants were executors of Walter Hyde and 'Samuel Hyde, deceased, who were joint executors of Joseph Fitch, deceased. This action was upon a note, from the first testator to the plaintiff. Plea — non est factum. Tbe estate of Joseph Eitcb, deceased, was represented insolvent, and commissioners appointed to examine tbe claims.
Decided 1787-03-15