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Webb v. Fitch

Connecticut Superior Court

Decided March 15, 1790

Connecticut Superior Court · decided 1790-03-15

PetitioN in chancery; showing, that he gave his note to said Eleazer for £28; that he made payment of nearly the whole of said note to said Cary, and charged it on hook; that said Cary’s estate was represented insolvent, and commissioners appointed; that he omitted to exhibit his book to tbe commissioners, by being told by one of the administrators that the payments should he allowed on the note; that said commission is expired, and the administrators have recovered judgment…

Decided 1790-03-15

By the Court.

¶1The petitioner cannot be admitted to testify ; and it not being shown tbat be is deprived of his due, by any fraud in said administrators, he is equally barred of his remedy in equity as at law; this court cannot resume and ad*178just claims which, ought to have been exhibited to, and adjusted by commissioners.

¶2Petitioner withdrew his petition, and replied to- the Court of Probate, and had the commission of said commissioners renewed, and exhibited said debt to them, which they allowed, amounting to £10 19s. 2d. lawful money; and then the petitioner applied to this court in September, A. D. 1790, stating the aforesaid facts, and praying for an offset; which, was decreed accordingly.

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